bezenek writes "I have a masters degree in electrical engineering and a masters degree in computer sciences (top-tier research school). I have over 20 years of programming experience. (If you count college courses, I started programming more than 30 years ago.)
I see H-1B applicants with much less knowledge than I do filling jobs. Right now there is an opening as a result of a green card application which I could fill. The position pays very well.
There are three problems:
1. The H-1B candidates in some cases do not know what they need to know to do their jobs--thus I would by default be a better candidate. Here is an example to prove my point: I interviewed an H-1B applicant for a position writing support scripts for Linux systems. It was a struggle to find a question the candidate could answer. One example: Question: Given a directory of text files on a Linux system, show me how you can get a list of the files which contain the word "error." After several tries, I asked the candidate if they were familiar with grep. I never did get an answer to the question. The candidate was hired for the job, but not based on my review.
2. If I apply for a position which has to be advertised before a green card is issued, I burn all of my bridges with the hiring manager who wants to keep the person they already have--otherwise why would they be going through the trouble of applying for a green card. (Remember, the H-1B visa is meant to be a way to hire someone temporarily when there is not someone available with the appropriate knowledge and/or skills. Too keep the person beyond a certain time, a green card must be obtained.) I also probably burn every bridge at the company, since HR is going to have to be involved.
3. If a company hires an H-1B and I know I am better (or as) qualified, there is no one to whom I can complain. I tried this once. I called the Department of Labor, the CIA, and a couple other government organizations. Everyone said there was no one in charge of enforcing the H-1B laws.
So, the problem is, how do I find out about jobs which are being given to H-1Bs which I might be able to do. And, how do I place myself into those positions without upsetting people?