H1B Visa

[Cyclic Hotline]

I heard a very interesting story on NPR yesterday, regarding a problem being experienced by H1B Visa holders in the US, who have lost their jobs.
http://www.npr.org/programs/atc/

The problem has occurred due to the recent downturn in the economy, leaving many H1B holders unemployed, following corporate lay-offs. As this was not anticipated when the programme was initiated, it has left many people living in the US, currently without the legal right to work in the US, and without the ability to find other work, as the visa is issued solely on the basis of the job they just lost. Without the visa, they may be subject to deportation.

In order to work legally, if they can find another job, they must get their new employer to apply for another H1B visa, which takes a minimum of 60 days (and maybe as long as 180 days) to obtain. Until the visa is issued, they cannot legally be employed.

It is an interesting problem, but quite relevant to all the regular rumours regarding US carriers getting green cards, etc. The Aviation business is notorious for being cyclical and could you imagine the anguish of a large lay-off of visa holders in this industry?

[GoneWest]

I'm not going to suggest - for one minute - that I'm right here...just going to tell you my PERSONAL experience.

I was employed in the USA on an H1B. The company then made us all redundant. Enquireies direct with Immigration told us that the visa is only a document that allows you to cross the International boundary into the USA. On any day of entry to the USA on the valid visa, the INS man at the airport will enter a date into your passport - written on the stub of a form I-94 (which is then stapled into the passport).

INS told me that you have the legal authority to remain in the country until that expiration date - whether working or not - and that you are entitled to seek other employment WITHIN THE SAME FIELD OF WORK with any other employer. The new employer must apply for a new H1B visa only if they intend to keep you after the date of expiration of the I-94.

The H1B approval (when granted) is for seven years from the date of application - not date of issue. The H1B's however are issued in three years blocks - so you can renew twice - although the last one would only be valied for one year.

I say agin - this is all as told to me by the man at INS (in Miami).

If the information does prove to be incorrect - blame INS for not knowing their job.

[Cyclic Hotline]

Very interesting.

Part of what you stated appears to be supported by the information on this website, and then part of it is different from your experience AND the NPR story above.

Not sure what to make of it!

http://www.h1bvisalaw.com/transfer.htm

Fortunately I don't have to mess with the Nazi's at INS anymore. It was one of my worst experiences of dealing with a Government agency ANYWHERE in the world!


[This message has been edited by Cyclic Hotline (edited 02 June 2001).]

[a330]

i totlly agree with it ... INS sucks !!!!

but after all i think the best way is to try the green card lottery ....

cheers

[youngbloke]

Sorry if this is a stupid question. I live in OZ, and am interested in working in the states. Under what circumstances can I be employed? (I do not have US citizenship or anything that allows me to be there)

[GoneWest]

Youngbloke...move to Cuba - become a Cuban citizen then swim to Miami.

Seems to be about the only way.

[Cyclic Hotline]

The lottery is always one way in....
Probably a better prize than most!
http://www.ins.usdoj.gov/graphics/howdoi/divlott.htm

[Sensible]

I looked into the lottery programme last year but the USA seem to be overloaded with Brits already so were not taking any more. Maybe tis year will be different.

[youngbloke]

how 'bout aussies? Can aussies go in the lottery?

[Dockjock]

Here's one for GoneWest:

I currently work in Canada for a company that is HQ'd in the US. After a year with the company, they have told us that we can be "transferred" to the US base, and will be granted a full GREEN CARD. The requirement being that we remain with the company for one year from the date of transfer.

Is there some kind of loophole or something that allows intra-company transfers to the US, that will grant the employee the full green card? This is a pretty big carrot being dangled, so just wondering if its true, or a smoke show.
Cheers

[Cyclic Hotline]

You might want to read the information on the L-1 visa. http://www.usvisa.com/l-1_visa.htm

I do know quite a number of people who have become permanent residents in the US based upon conversion from L-1 status.

I also have a friend who came to the US on a temporary visa, then the company was unable to renew it. He ended up living in the US illegally for a number of years, until he got a Greeen Card in the lottery. Another very good friend, went to Canada on business and was refused re-admission to the US due to his visa status and had to move back to the UK. He ended up getting all his gear packed up and leaving permanently.

In anything related to your career and livelihood it is worth the time to educate yourself completely and ensure you know the full status before you start.

[GoneWest]

DockJock...

"Inter Company Transfer" is alive and well - I can give you a PERSONAL guarantee of that!!!

I do seem to remember, however, that the Company has to show to the authorities (INS, again) that you have been working outside the USA for at least twelve months in a particular capacity and that they NEED you - yes, YOU - to work in the same capacity in the USA.

There should be no US citizen with the relevant experience and/or qualifications to do the job that they want to transfer you to do.

There was also some suggestion that the transferee should be holding a position within the Company of at least "middle management" - with the right to hire and fire the necessary staff to run his/her efficient team.

Again, I must point out that I am NOT a legitimate source of information - other than I have first hand, personal experience of what I say in these messages.

Hope it helps.

[Dockjock]

Well then we have to get into the nitty-gritty if its really gonna happen. I'm not middle management, I'm a pilot. And sorry to say its not an SR-71, its a Caravan.

I do know that they are having a helluva time finding pilots to fly their Caravans down there, due to the fact that most people that meet Part 135 mins are off flying King Airs or B1900D's.

Who ends up giving the final decision on these things...because it seems like it will come down to whether or not the INS agent likes the company's explanation on that particular day. Ho hum