5 ms·

Since you mentioned he is on a visa, there might be a few cases here: a. He is on an L1 visa, which is highly restrictive (cant change employer). Here, there i

Since you mentioned he is on a visa, there might be a few cases here: a. He is on an L1 visa, which is highly restrictive (cant change employer). Here, there isn't much you can do to help until the company converts him to H1B (after L1 runs out). b. He is on an H1B visa. If this is the case, ask him if his I-140 is approved. If it was approved for more than 6 months, he can safely change jobs without visa running out (new employer needs to sponsor for an H1B, but you can get indefinite 3 yr extensions). See if you can refer him to your friends working in other companies, or encourage him to apply for other jobs (since you think he is good at his job). Once he gets a competing offer, he will have the leverage to negotiate a raise or move to a new position. c. He is on an H1B, without an approved I-140. If the company isn't filing one for him yet or delaying it, he needs to leave ASAP, or he will have to leave the US after 6 years on his H1B runs out. This is a very stressful situation to be in. The best you can do for him here is to refer him to another job where visa workers aren't being exploited. As another Indian on H1B, I really thank you for your concern for your colleague. There are so many Indians out there stuck in bad work situations due to their perma-temp work visa status.

madmax96 7y ago
Be careful -- I'm under the impression that denials when performing H1B transfer applications are skyrocketing currently.
- vsskanth 7y ago
  The new company can apply for an H1B without jeopardizing his existing visa status (current employer won't know). If it gets rejected, he can simply stay put and try for another job.
  - dudul 7y ago
    And this is a critical part that you didn't mention in your first comment. He should absolutely not change jobs until his new employer has an accepted H1B petition.
    - vsskanth 7y ago
      I agree.
dudul 7y ago
Wait that doesn't sound right. Unless H1B legislation changed drastically since I had one, you cannot change jobs "safely" on a H1B. You can change job if your new employer files a petition to hire you. This petition is almost always approved and not impacted by the CAP, but you need it to work for them. Again, I'm not a lawyer and I was on this visa more than 10 years ago, so maybe a lot has changed since then. Can you link to official documentation explaining this?
- vsskanth 7y ago
  Yes the new employer still has to file for an H1B. This is usually implicit when people talk about changing jobs on an H1B.
- triceratops 7y ago
  > This petition is almost always approved and not impacted by the CAP, but you need it to work for them. I'm confused what you mean by "safely". The only way it could be safer than that is if there were no approvals required from anyone to transfer.
  - dudul 7y ago
    While a petition for a worker already in the H1B status is almost always accepted, there is still a chance that it doesn't work. There is a chance that it takes a long time to go through (usually a month or 2, but we're talking about the USCIS here :) ). I changed employer twice with an H1B, and both times I made damn sure that the petition was approved before giving a notice (also, back then there was no official grace period, but I would have done the same).
    - guitarbill 7y ago
      right, but you can pay to have the decision expedited. it's rumoured this increases the risk of an RFE, so YMMV. i think timing plays some sort of role, too. from a very small sample size, between December to April, transfers go pretty quickly. not hard to imagine the USCIS' load is higher from April to maybe October
ShowMeTheRupees 7y ago
As another Indian on H1B, I really thank you for your concern for your colleague. There are so many Indians out there stuck in bad work situations due to their perma-temp work visa status. You're welcome. I appreciate you sharing your perspective. It's not an enviable position to be in.
zerr 7y ago
How about O visa? Some say it's not that hard to get as it may sound.
- vsskanth 7y ago
  Getting a visa isn't the issue here. Its being in a position of leverage to get a raise. O1 visa needs an employer sponsor so you are back in the same situation.

madmax96 7y ago

Be careful -- I'm under the impression that denials when performing H1B transfer applications are skyrocketing currently.

vsskanth 7y ago
The new company can apply for an H1B without jeopardizing his existing visa status (current employer won't know). If it gets rejected, he can simply stay put and try for another job.
- dudul 7y ago
  And this is a critical part that you didn't mention in your first comment. He should absolutely not change jobs until his new employer has an accepted H1B petition.
  - vsskanth 7y ago
    I agree.

dudul 7y ago

Wait that doesn't sound right. Unless H1B legislation changed drastically since I had one, you cannot change jobs "safely" on a H1B. You can change job if your new employer files a petition to hire you. This petition is almost always approved and not impacted by the CAP, but you need it to work for them. Again, I'm not a lawyer and I was on this visa more than 10 years ago, so maybe a lot has changed since then. Can you link to official documentation explaining this?

vsskanth 7y ago
Yes the new employer still has to file for an H1B. This is usually implicit when people talk about changing jobs on an H1B.
triceratops 7y ago
> This petition is almost always approved and not impacted by the CAP, but you need it to work for them. I'm confused what you mean by "safely". The only way it could be safer than that is if there were no approvals required from anyone to transfer.
- dudul 7y ago
  While a petition for a worker already in the H1B status is almost always accepted, there is still a chance that it doesn't work. There is a chance that it takes a long time to go through (usually a month or 2, but we're talking about the USCIS here :) ). I changed employer twice with an H1B, and both times I made damn sure that the petition was approved before giving a notice (also, back then there was no official grace period, but I would have done the same).
  - guitarbill 7y ago
    right, but you can pay to have the decision expedited. it's rumoured this increases the risk of an RFE, so YMMV. i think timing plays some sort of role, too. from a very small sample size, between December to April, transfers go pretty quickly. not hard to imagine the USCIS' load is higher from April to maybe October

ShowMeTheRupees 7y ago

As another Indian on H1B, I really thank you for your concern for your colleague. There are so many Indians out there stuck in bad work situations due to their perma-temp work visa status. You're welcome. I appreciate you sharing your perspective. It's not an enviable position to be in.

zerr 7y ago

How about O visa? Some say it's not that hard to get as it may sound.

vsskanth 7y ago
Getting a visa isn't the issue here. Its being in a position of leverage to get a raise. O1 visa needs an employer sponsor so you are back in the same situation.