5 ms·

(I say this as someone who lived in the US on a visa for years) That's part of the deal. Any immigrant arriving on a visa knows what they've signed up for, and

by untog 8y ago

(I say this as someone who lived in the US on a visa for years) That's part of the deal. Any immigrant arriving on a visa knows what they've signed up for, and it doesn't involve taking a sabbatical. It also really should not involve buying a house, if you're being sensible. Being fired 100% sucks, but you can transfer an H1B to a new employer. H1B is at least a dual intent visa, so after some years you can apply for a green card, get one, then take all the sabbaticals you want. (Also, if your life is settled enough to have friends and a girlfriend you don't want to leave, US immigration does offer an answer: marry her!)

deleted 8y ago
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htfy96 8y ago
The real problem is the path from L1/OPT -> H1B -> green card is purely based on how many years you have worked in the US and performed as some kind of lottery. The transition may take at least 8 years, almost identical for highly-educated Top-N employees & questionably-legal "labors" from IT Consulting Companies (there are lots of fake identities/backgrounds in these companies' H1-B applications).
- pertymcpert 8y ago
  Why would an L1 want to go to H1-B instead of going straight to green card?
  - airstrike 8y ago
    They wouldn't
  - untog 8y ago
    IIRC it's a lot more difficult (impossible?) to transfer an L1 between employers, whereas an H1B can be transferred.
snotrockets 8y ago
The second you are fired, you no longer have an H1B to transfer (usually USCIS allows transferring even if there is a short lapse, but this isn't guaranteed, and during that lapse, the visa holder is actually the US illegally)
- ojbyrne 8y ago
  This isn’t correct. Once you have an H1B it’s yours for 3 years (plus a 3 year extension). If you lose your job you can use the remaining eligibility for another job, though you may have to do your job search from outside the country. In addition, USCIS has formalized the general practice that you have 60 days to find another job or leave the country: https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs https://www.uscis.gov/news/news-releases/uscis-publishes-fin...
  - snotrockets 8y ago
    If it yours but you can't use it without a 3rd party (employer) agreeing, is it really yours? I'm glad to hear the 60 days had been codified. I just hope it's a binding decision.

by untog 8y ago

deleted 8y ago

[deleted]

htfy96 8y ago

The real problem is the path from L1/OPT -> H1B -> green card is purely based on how many years you have worked in the US and performed as some kind of lottery. The transition may take at least 8 years, almost identical for highly-educated Top-N employees & questionably-legal "labors" from IT Consulting Companies (there are lots of fake identities/backgrounds in these companies' H1-B applications).

pertymcpert 8y ago
Why would an L1 want to go to H1-B instead of going straight to green card?
- airstrike 8y ago
  They wouldn't
- untog 8y ago
  IIRC it's a lot more difficult (impossible?) to transfer an L1 between employers, whereas an H1B can be transferred.

snotrockets 8y ago

The second you are fired, you no longer have an H1B to transfer (usually USCIS allows transferring even if there is a short lapse, but this isn't guaranteed, and during that lapse, the visa holder is actually the US illegally)

ojbyrne 8y ago
This isn’t correct. Once you have an H1B it’s yours for 3 years (plus a 3 year extension). If you lose your job you can use the remaining eligibility for another job, though you may have to do your job search from outside the country. In addition, USCIS has formalized the general practice that you have 60 days to find another job or leave the country: https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs https://www.uscis.gov/news/news-releases/uscis-publishes-fin...
- snotrockets 8y ago
  If it yours but you can't use it without a 3rd party (employer) agreeing, is it really yours? I'm glad to hear the 60 days had been codified. I just hope it's a binding decision.