chawkins99

Worth noting, PTO in most cases includes sick days, so I always try to keep a couple of days in reserve just in case.

Steve_

The advantage of Canada is that it is much easier to get permanent residency straight off the bat, theoretically you can do it in the US as well but it's rare that an employer will file an I-140 for you immediately.

So once you're in this job on H-1B, you're shackled to that job, you can't even change to another job in the same company without filing a new petition. Then even when they've filed the I-140 and you've got LPR status, you have to stay working in that job for 2 years legally, otherwise it's considered fraud.

So do you think you can hold the same sort of position for roughly 5 years in the same company? Doing IT?

Bear in mind I'm talking from personal experience and in my case the answer was: "no".

I'm sure you've looked at the stats for H-1B, they nearly all go to Indian outsourcing companies and they rarely file an I-140 for the person.

If you're going to do it, do it with an IT company, I would say, i.e. people who go out and do other people's IT for them.

Noorah101

I don't think this part is true.

Rene

ian-mstm

Really? Do you have a source for this... because it doesn't sound right?

Ian

Steve_

Not a particularly good reference but: Changing Employer under AC21 - American Competitive in 21st Century

I assume 8 USC 1182(a)(6)(C)(i) is the relevant law.

ICE/USCIS consider it misrepresentation to gain an immigration benefit if you leave within two years of LPR status being granted. I think it's also considered fraud in the DOL certification potentially as well (if the employer made the misrepresentation).

Like it says in that article it usually comes up when the employee leaves and the employer tries to stop them. Unsurprisingly the employer doesn't like paying out all of that money to sponsor them in only to have the employee go elsewhere.

It's not some minor thing, like it says near the bottom of that article, you have to get a new labor certification even if you're moved to a new location outside of commuting distance of the original office. When we say the "same job", it means the same job at the same place for those two years.

ian-mstm

Agreed! I was hoping for something more official - although I'm not sure it's written in stone anywhere.


I'm not sure this applies. This deals with admission and visa ineligibility... neither of which would be taking place at that point in time.

I've certainly seen immigration attorneys who suggest waiting 3-6 months before leaving a job after getting an employment-based green card (and even Shusterman suggests waiting a minimum of 60 days)... so I'm not sure this 2 year wait period is actually a real thing!

Ian

Pulaski

From reading Steve's post, it reads more as if the "fraud" being addressed is against an employer who applies for the green card, not immigration fraud against the USA.

Steve_

It is a real thing, the reason I know about it is because I was advised about it myself, I think it was mentioned in some DOL booklet that came with the I-797 as well, been a long time ago now. Before everything was on the web. If I'd found out about it from the web I could give you a better reference.

But anyway, one of my relatives was in that exact situation. He got LPR status through EB-1, the business was taken over and they closed down his office and wanted to move him some distance away, so he had this office near his old office that he hardly ever used because the immigration lawyer advised they do that.

In the end he transferred back to the UK but it definitely was an issue, he was worried he was going to lose his job.

Misrepresentation to gain an immigration benefit. You're not doing what you said you were going to do, at great length on an I-140 and a labor certification. That is the legal basis of it. Like I said I can't see how USCIS are going to find about it unless the employer tells them, so it depends on the circumstance. If they lay you off, probably not a problem, if you leave for a better job somewhere else, they definitely could make your life difficult.

You are in a very awkward situation, you lot haven't done it so I don't think you appreciate it. You get the job, then you're in an office, and the immigration lawyer, DOL etc. have advised that you can't change your job title, your salary or your job responsibilities, so you're basically in this situation where you have the Sword of Damocles hanging over your head. It's a bit like being at home when the weather is really bad. You weren't planning to go outside but you can't go outside even if you wanted to, that's how it feels. A vague feeling of being trapped.

It's quite difficult psychologically, at least I thought it was. You could say the same about any work permit situation, but H-1B is especially bad for all sorts of regulations on what you can and can't do and then you have to do it all over again for the I-140 and PERM. Anyway I never got that far because the company went bust, I'd never do it again and I wouldn't advise anyone else to do it either. It's not a few months, you could well be on H-1B for three years, then another three years if you manage to renew it, then two years after you get LPR status. So trapped for eight years. And that assumes there is a visa number available for the EB category you're going for. Indians have to wait ages.