Husband's boss changing the rules - H1B -
Aug 17th 2006, 5:57 am
#1
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Husband's boss changing the rules - H1B -
Hi
We have been here 3 years now and my husband is working for a small company (approx 6 employees) on an H1B. Working in AZ heat with no air con and driving 50 miles each way to work with a car with no air, coupled with only 5 days holiday a year and absolutely no perks whatsoever finally took their toll last week and he snapped at his boss.
He had asked for a week off because he was mentally and physically exhausted. His boss said yes. On the Tuesday his boss rang at home to say it was unpaid leave. We now realise that we misunderstood the fact that he gets 5 days holiday a year - in actual fact his boss stated that he has to accrue his holiday throughout the year, so although he last took his leave at Christmas, he is not actually entitled to take 5 days paid until the end of this year. Anyway, to cut a long story short - hubby exploded and said something he shouldn't have done to his boss along the lines of "re-arrange these words".
We both went and saw the boss that same day - hubby apologised twice - we spent 2 and a half hour with him - left - everything seemed fine. He told us to go away and think what we wanted - whether to continue to stay here or return to the UK because we are finding it increasingly difficult to exist on one wage.
When he went back to work this week, his boss immediately told him to go home again and to chat with me. He said he was not firing him but he should arrange to go back to the UK asap.
On going back to work today - he was called into the office and not allowed to say a word whilst his boss told him that he was fired on Tuesday but he is giving him a second chance today. However, he will now be given a contract and any step out of line he is out of the door. He now says at the first sign of hubby swearing at him (which is what he did last week) he is out - that is fair enough. He also is stipulating that if he wants hubby to go to various parts of the country for him - he has to go - no option. There are various other stipulations that no way would we have agreed to prior to starting work but now he is implementing.
Basically he is going to make his life hell so that he leaves on his own accord I feel. We have just extended the visas and they expire in Aug 2008. Can hubby change employers or if he leaves this job do we have to all go home? If so, how long would we be allowed to stay in the country bearing in mind we have a house to sell etc.
Even our American friends have said how unreasonable this guy is and that was before this all happened. There is absolutely no room for discussion - it is his way or no way. He knows he needs my husband but obviously is prepared to let him go. He also constantly throws in his face that he is stuck here because he is not allowed to work anywhere else.
Help please - any suggestions?
We have been here 3 years now and my husband is working for a small company (approx 6 employees) on an H1B. Working in AZ heat with no air con and driving 50 miles each way to work with a car with no air, coupled with only 5 days holiday a year and absolutely no perks whatsoever finally took their toll last week and he snapped at his boss.
He had asked for a week off because he was mentally and physically exhausted. His boss said yes. On the Tuesday his boss rang at home to say it was unpaid leave. We now realise that we misunderstood the fact that he gets 5 days holiday a year - in actual fact his boss stated that he has to accrue his holiday throughout the year, so although he last took his leave at Christmas, he is not actually entitled to take 5 days paid until the end of this year. Anyway, to cut a long story short - hubby exploded and said something he shouldn't have done to his boss along the lines of "re-arrange these words".
We both went and saw the boss that same day - hubby apologised twice - we spent 2 and a half hour with him - left - everything seemed fine. He told us to go away and think what we wanted - whether to continue to stay here or return to the UK because we are finding it increasingly difficult to exist on one wage.
When he went back to work this week, his boss immediately told him to go home again and to chat with me. He said he was not firing him but he should arrange to go back to the UK asap.
On going back to work today - he was called into the office and not allowed to say a word whilst his boss told him that he was fired on Tuesday but he is giving him a second chance today. However, he will now be given a contract and any step out of line he is out of the door. He now says at the first sign of hubby swearing at him (which is what he did last week) he is out - that is fair enough. He also is stipulating that if he wants hubby to go to various parts of the country for him - he has to go - no option. There are various other stipulations that no way would we have agreed to prior to starting work but now he is implementing.
Basically he is going to make his life hell so that he leaves on his own accord I feel. We have just extended the visas and they expire in Aug 2008. Can hubby change employers or if he leaves this job do we have to all go home? If so, how long would we be allowed to stay in the country bearing in mind we have a house to sell etc.
Even our American friends have said how unreasonable this guy is and that was before this all happened. There is absolutely no room for discussion - it is his way or no way. He knows he needs my husband but obviously is prepared to let him go. He also constantly throws in his face that he is stuck here because he is not allowed to work anywhere else.
Help please - any suggestions?
Aug 17th 2006, 6:39 am
#2
Septicity
Joined: May 2004
Posts: 23,762
Re: Husband's boss changing the rules - H1B -
If you want to stay here, you're obviously going to need to change employers. It's much, much easier to find a sponsor while you're here and personally I would have started looking yesterday. The direct competition might be the best place to look IMO. Am sure you can xfer an H1B but have no idea of the specifics -- no doubt someone will chime in.
Welcome to the brainlessness of US business, BTW. The empire is, I believe, in decline.
Welcome to the brainlessness of US business, BTW. The empire is, I believe, in decline.
Aug 17th 2006, 7:37 am
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: Husband's boss changing the rules - H1B -
Originally Posted by fatbrit
If you want to stay here, you're obviously going to need to change employers. It's much, much easier to find a sponsor while you're here and personally I would have started looking yesterday. The direct competition might be the best place to look IMO. Am sure you can xfer an H1B but have no idea of the specifics -- no doubt someone will chime in.
Welcome to the brainlessness of US business, BTW. The empire is, I believe, in decline.
Welcome to the brainlessness of US business, BTW. The empire is, I believe, in decline.
Aug 17th 2006, 7:39 am
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: Husband's boss changing the rules - H1B -
http://www.kkeane.com/
Good site for H info. I know you can transfer, but not the details. I would keep quite until you have your escape route sorted.
Good site for H info. I know you can transfer, but not the details. I would keep quite until you have your escape route sorted.
Aug 17th 2006, 7:48 am
#5
Guest
Posts: n/a
Re: Husband's boss changing the rules - H1B -
Worried&stressed wrote:
> We have been here 3 years now and my husband is working for a small
> company (approx 6 employees) on an H1B. Working in AZ heat with no air
> con and driving 50 miles each way to work with a car with no air,
> coupled with only 5 days holiday a year and absolutely no perks
> whatsoever finally took their toll last week and he snapped at his boss.
> He had asked for a week off because he was mentally and physically
> exhausted. His boss said yes. On the Tuesday his boss rang at home to
> say it was unpaid leave. We now realise that we misunderstood the fact
> that he gets 5 days holiday a year - in actual fact his boss stated that
> he has to accrue his holiday throughout the year, so although he last
> took his leave at Christmas, he is not actually entitled to take 5 days
> paid until the end of this year. Anyway, to cut a long story short -
> hubby exploded and said something he shouldn't have done to his boss
> along the lines of "re-arrange these words".
> We both went and saw the boss that same day - hubby apologised twice -
> we spent 2 and a half hour with him - left - everything seemed fine. He
> told us to go away and think what we wanted - whether to continue to
> stay here or return to the UK because we are finding it increasingly
> difficult to exist on one wage.
> When he went back to work this week, his boss immediately told him to go
> home again and to chat with me. He said he was not firing him but he
> should arrange to go back to the UK asap.
> On going back to work today - he was called into the office and not
> allowed to say a word whilst his boss told him that he was fired on
> Tuesday but he is giving him a second chance today. However, he will
> now be given a contract and any step out of line he is out of the door.
> He now says at the first sign of hubby swearing at him (which is what he
> did last week) he is out - that is fair enough. He also is stipulating
> that if he wants hubby to go to various parts of the country for him -
> he has to go - no option. There are various other stipulations that no
> way would we have agreed to prior to starting work but now he is
> implementing.
> Basically he is going to make his life hell so that he leaves on his own
> accord I feel. We have just extended the visas and they expire in Aug
> 2008. Can hubby change employers or if he leaves this job do we have to
> all go home? If so, how long would we be allowed to stay in the country
> bearing in mind we have a house to sell etc.
> Even our American friends have said how unreasonable this guy is and
> that was before this all happened. There is absolutely no room for
> discussion - it is his way or no way. He knows he needs my husband
> but obviously is prepared to let him go. He also constantly throws in
> his face that he is stuck here because he is not allowed to work
> anywhere else.
> Help please - any suggestions?
Certainly he can change jobs. He needs to find an employer who will
apply for H-1B for him. Since he's already an H-1B, he's not subject to
any quota. He can start working for the new employer as soon as they
have filed the petition (subject to the risk that the petition gets
denied - assuming the application is reasonable, there's no reason why
it should though).
If he resigns, the law requires you both to leave the USA
"immediately". That term's not well defined - sometimes it's
interpreted to mean "the same day", other times you get away with a few
days. Some people go several weeks without problems.
> We have been here 3 years now and my husband is working for a small
> company (approx 6 employees) on an H1B. Working in AZ heat with no air
> con and driving 50 miles each way to work with a car with no air,
> coupled with only 5 days holiday a year and absolutely no perks
> whatsoever finally took their toll last week and he snapped at his boss.
> He had asked for a week off because he was mentally and physically
> exhausted. His boss said yes. On the Tuesday his boss rang at home to
> say it was unpaid leave. We now realise that we misunderstood the fact
> that he gets 5 days holiday a year - in actual fact his boss stated that
> he has to accrue his holiday throughout the year, so although he last
> took his leave at Christmas, he is not actually entitled to take 5 days
> paid until the end of this year. Anyway, to cut a long story short -
> hubby exploded and said something he shouldn't have done to his boss
> along the lines of "re-arrange these words".
> We both went and saw the boss that same day - hubby apologised twice -
> we spent 2 and a half hour with him - left - everything seemed fine. He
> told us to go away and think what we wanted - whether to continue to
> stay here or return to the UK because we are finding it increasingly
> difficult to exist on one wage.
> When he went back to work this week, his boss immediately told him to go
> home again and to chat with me. He said he was not firing him but he
> should arrange to go back to the UK asap.
> On going back to work today - he was called into the office and not
> allowed to say a word whilst his boss told him that he was fired on
> Tuesday but he is giving him a second chance today. However, he will
> now be given a contract and any step out of line he is out of the door.
> He now says at the first sign of hubby swearing at him (which is what he
> did last week) he is out - that is fair enough. He also is stipulating
> that if he wants hubby to go to various parts of the country for him -
> he has to go - no option. There are various other stipulations that no
> way would we have agreed to prior to starting work but now he is
> implementing.
> Basically he is going to make his life hell so that he leaves on his own
> accord I feel. We have just extended the visas and they expire in Aug
> 2008. Can hubby change employers or if he leaves this job do we have to
> all go home? If so, how long would we be allowed to stay in the country
> bearing in mind we have a house to sell etc.
> Even our American friends have said how unreasonable this guy is and
> that was before this all happened. There is absolutely no room for
> discussion - it is his way or no way. He knows he needs my husband
> but obviously is prepared to let him go. He also constantly throws in
> his face that he is stuck here because he is not allowed to work
> anywhere else.
> Help please - any suggestions?
Certainly he can change jobs. He needs to find an employer who will
apply for H-1B for him. Since he's already an H-1B, he's not subject to
any quota. He can start working for the new employer as soon as they
have filed the petition (subject to the risk that the petition gets
denied - assuming the application is reasonable, there's no reason why
it should though).
If he resigns, the law requires you both to leave the USA
"immediately". That term's not well defined - sometimes it's
interpreted to mean "the same day", other times you get away with a few
days. Some people go several weeks without problems.
Aug 17th 2006, 8:21 am
#6
Joined: Apr 2002
Posts: 35,082
Re: Husband's boss changing the rules - H1B -
Originally Posted by fatbrit
Welcome to the brainlessness of US business, BTW. The empire is, I believe, in decline.
When you are that little dark voice in the back of my head speaking outloud.
K overdue to you. but now I'm depressed again.
Aug 17th 2006, 9:08 am
#7
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Husband's boss changing the rules - H1B -
Originally Posted by J. J. Farrell
Worried&stressed wrote:
> We have been here 3 years now and my husband is working for a small
> company (approx 6 employees) on an H1B. Working in AZ heat with no air
> con and driving 50 miles each way to work with a car with no air,
> coupled with only 5 days holiday a year and absolutely no perks
> whatsoever finally took their toll last week and he snapped at his boss.
> He had asked for a week off because he was mentally and physically
> exhausted. His boss said yes. On the Tuesday his boss rang at home to
> say it was unpaid leave. We now realise that we misunderstood the fact
> that he gets 5 days holiday a year - in actual fact his boss stated that
> he has to accrue his holiday throughout the year, so although he last
> took his leave at Christmas, he is not actually entitled to take 5 days
> paid until the end of this year. Anyway, to cut a long story short -
> hubby exploded and said something he shouldn't have done to his boss
> along the lines of "re-arrange these words".
> We both went and saw the boss that same day - hubby apologised twice -
> we spent 2 and a half hour with him - left - everything seemed fine. He
> told us to go away and think what we wanted - whether to continue to
> stay here or return to the UK because we are finding it increasingly
> difficult to exist on one wage.
> When he went back to work this week, his boss immediately told him to go
> home again and to chat with me. He said he was not firing him but he
> should arrange to go back to the UK asap.
> On going back to work today - he was called into the office and not
> allowed to say a word whilst his boss told him that he was fired on
> Tuesday but he is giving him a second chance today. However, he will
> now be given a contract and any step out of line he is out of the door.
> He now says at the first sign of hubby swearing at him (which is what he
> did last week) he is out - that is fair enough. He also is stipulating
> that if he wants hubby to go to various parts of the country for him -
> he has to go - no option. There are various other stipulations that no
> way would we have agreed to prior to starting work but now he is
> implementing.
> Basically he is going to make his life hell so that he leaves on his own
> accord I feel. We have just extended the visas and they expire in Aug
> 2008. Can hubby change employers or if he leaves this job do we have to
> all go home? If so, how long would we be allowed to stay in the country
> bearing in mind we have a house to sell etc.
> Even our American friends have said how unreasonable this guy is and
> that was before this all happened. There is absolutely no room for
> discussion - it is his way or no way. He knows he needs my husband
> but obviously is prepared to let him go. He also constantly throws in
> his face that he is stuck here because he is not allowed to work
> anywhere else.
> Help please - any suggestions?
Certainly he can change jobs. He needs to find an employer who will
apply for H-1B for him. Since he's already an H-1B, he's not subject to
any quota. He can start working for the new employer as soon as they
have filed the petition (subject to the risk that the petition gets
denied - assuming the application is reasonable, there's no reason why
it should though).
If he resigns, the law requires you both to leave the USA
"immediately". That term's not well defined - sometimes it's
interpreted to mean "the same day", other times you get away with a few
days. Some people go several weeks without problems.
> We have been here 3 years now and my husband is working for a small
> company (approx 6 employees) on an H1B. Working in AZ heat with no air
> con and driving 50 miles each way to work with a car with no air,
> coupled with only 5 days holiday a year and absolutely no perks
> whatsoever finally took their toll last week and he snapped at his boss.
> He had asked for a week off because he was mentally and physically
> exhausted. His boss said yes. On the Tuesday his boss rang at home to
> say it was unpaid leave. We now realise that we misunderstood the fact
> that he gets 5 days holiday a year - in actual fact his boss stated that
> he has to accrue his holiday throughout the year, so although he last
> took his leave at Christmas, he is not actually entitled to take 5 days
> paid until the end of this year. Anyway, to cut a long story short -
> hubby exploded and said something he shouldn't have done to his boss
> along the lines of "re-arrange these words".
> We both went and saw the boss that same day - hubby apologised twice -
> we spent 2 and a half hour with him - left - everything seemed fine. He
> told us to go away and think what we wanted - whether to continue to
> stay here or return to the UK because we are finding it increasingly
> difficult to exist on one wage.
> When he went back to work this week, his boss immediately told him to go
> home again and to chat with me. He said he was not firing him but he
> should arrange to go back to the UK asap.
> On going back to work today - he was called into the office and not
> allowed to say a word whilst his boss told him that he was fired on
> Tuesday but he is giving him a second chance today. However, he will
> now be given a contract and any step out of line he is out of the door.
> He now says at the first sign of hubby swearing at him (which is what he
> did last week) he is out - that is fair enough. He also is stipulating
> that if he wants hubby to go to various parts of the country for him -
> he has to go - no option. There are various other stipulations that no
> way would we have agreed to prior to starting work but now he is
> implementing.
> Basically he is going to make his life hell so that he leaves on his own
> accord I feel. We have just extended the visas and they expire in Aug
> 2008. Can hubby change employers or if he leaves this job do we have to
> all go home? If so, how long would we be allowed to stay in the country
> bearing in mind we have a house to sell etc.
> Even our American friends have said how unreasonable this guy is and
> that was before this all happened. There is absolutely no room for
> discussion - it is his way or no way. He knows he needs my husband
> but obviously is prepared to let him go. He also constantly throws in
> his face that he is stuck here because he is not allowed to work
> anywhere else.
> Help please - any suggestions?
Certainly he can change jobs. He needs to find an employer who will
apply for H-1B for him. Since he's already an H-1B, he's not subject to
any quota. He can start working for the new employer as soon as they
have filed the petition (subject to the risk that the petition gets
denied - assuming the application is reasonable, there's no reason why
it should though).
If he resigns, the law requires you both to leave the USA
"immediately". That term's not well defined - sometimes it's
interpreted to mean "the same day", other times you get away with a few
days. Some people go several weeks without problems.
Thank you everyone for your advice - guess we have a lot of talking to do tonight! That's pretty scarey that you have to leave so immediately if you resign. Think my husband will have to take some crap for a while till we can figure this one out to our advantage. Thanks again - really appreciated.
Aug 17th 2006, 11:24 am
#8
Guest
Posts: n/a
Re: Husband's boss changing the rules - H1B -
Worried&stressed wrote:
> > Worried&stressed wrote:
> > > We have been here 3 years now and my husband is working for a small
> > > company (approx 6 employees) on an H1B. Working in AZ heat with no
> > > air
> > > con and driving 50 miles each way to work with a car with no air,
> > > coupled with only 5 days holiday a year and absolutely no perks
> > > whatsoever finally took their toll last week and he snapped at his
> > > boss.
> > > He had asked for a week off because he was mentally and physically
> > > exhausted. His boss said yes. On the Tuesday his boss rang at home
> > > to
> > > say it was unpaid leave. We now realise that we misunderstood the
> > > fact
> > > that he gets 5 days holiday a year - in actual fact his boss stated
> > > that
> > > he has to accrue his holiday throughout the year, so although he
> > > last
> > > took his leave at Christmas, he is not actually entitled to take 5
> > > days
> > > paid until the end of this year. Anyway, to cut a long story short -
> > > hubby exploded and said something he shouldn't have done to his boss
> > > along the lines of "re-arrange these words".
> > > We both went and saw the boss that same day - hubby apologised twice
> > > -
> > > we spent 2 and a half hour with him - left - everything seemed fine.
> > > He
> > > told us to go away and think what we wanted - whether to continue to
> > > stay here or return to the UK because we are finding it increasingly
> > > difficult to exist on one wage.
> > > When he went back to work this week, his boss immediately told him
> > > to go
> > > home again and to chat with me. He said he was not firing him but
> > > he
> > > should arrange to go back to the UK asap.
> > > On going back to work today - he was called into the office and not
> > > allowed to say a word whilst his boss told him that he was fired on
> > > Tuesday but he is giving him a second chance today. However, he
> > > will
> > > now be given a contract and any step out of line he is out of the
> > > door.
> > > He now says at the first sign of hubby swearing at him (which is
> > > what he
> > > did last week) he is out - that is fair enough. He also is
> > > stipulating
> > > that if he wants hubby to go to various parts of the country for him
> > > -
> > > he has to go - no option. There are various other stipulations that
> > > no
> > > way would we have agreed to prior to starting work but now he is
> > > implementing.
> > > Basically he is going to make his life hell so that he leaves on his
> > > own
> > > accord I feel. We have just extended the visas and they expire in
> > > Aug
> > > 2008. Can hubby change employers or if he leaves this job do we
> > > have to
> > > all go home? If so, how long would we be allowed to stay in the
> > > country
> > > bearing in mind we have a house to sell etc.
> > > Even our American friends have said how unreasonable this guy is and
> > > that was before this all happened. There is absolutely no room for
> > > discussion - it is his way or no way. He knows he needs my husband
> > > but obviously is prepared to let him go. He also constantly throws
> > > in
> > > his face that he is stuck here because he is not allowed to work
> > > anywhere else.
> > > Help please - any suggestions?
> >
> > Certainly he can change jobs. He needs to find an employer who will
> > apply for H-1B for him. Since he's already an H-1B, he's not subject
> > to
> > any quota. He can start working for the new employer as soon as they
> > have filed the petition (subject to the risk that the petition gets
> > denied - assuming the application is reasonable, there's no reason why
> > it should though).
> >
> > If he resigns, the law requires you both to leave the USA
> > "immediately". That term's not well defined - sometimes it's
> > interpreted to mean "the same day", other times you get away with a
> > few
> > days. Some people go several weeks without problems.
> Thank you everyone for your advice - guess we have a lot of talking to
> do tonight! That's pretty scarey that you have to leave so immediately
> if you resign. Think my husband will have to take some crap for a while
> till we can figure this one out to our advantage. Thanks again - really
> appreciated.
If you decide you're leaving the USA anyway, or if he can't stand any
more and wants to resign before he has another job to go to, then you
can file requests to change your statuses to B-2 visitors (you'd both
need to do this). As long as you file these before he resigns (the same
day even) with a requested change date of the day after he resigns,
then you'll remain fully legal and in status. You become ordinary
tourist visitors and won't be able to work. A request for a couple of
months of visitor status to tidy up your affairs and perhaps take some
vacation should be granted without any problem. It usually takes a few
months to adjudicate such requests, and you remain in status until its
adjudicated, so it doesn't much matter even if they refuse it in the
end.
This is a good way to deal with the situation if you decide to leave
the USA. It's possible to do this if he wants to resign and look for
another job, but it can lead to some complications; it would save
immigration hassles to stick with the current job until he gets a new
one.
> > Worried&stressed wrote:
> > > We have been here 3 years now and my husband is working for a small
> > > company (approx 6 employees) on an H1B. Working in AZ heat with no
> > > air
> > > con and driving 50 miles each way to work with a car with no air,
> > > coupled with only 5 days holiday a year and absolutely no perks
> > > whatsoever finally took their toll last week and he snapped at his
> > > boss.
> > > He had asked for a week off because he was mentally and physically
> > > exhausted. His boss said yes. On the Tuesday his boss rang at home
> > > to
> > > say it was unpaid leave. We now realise that we misunderstood the
> > > fact
> > > that he gets 5 days holiday a year - in actual fact his boss stated
> > > that
> > > he has to accrue his holiday throughout the year, so although he
> > > last
> > > took his leave at Christmas, he is not actually entitled to take 5
> > > days
> > > paid until the end of this year. Anyway, to cut a long story short -
> > > hubby exploded and said something he shouldn't have done to his boss
> > > along the lines of "re-arrange these words".
> > > We both went and saw the boss that same day - hubby apologised twice
> > > -
> > > we spent 2 and a half hour with him - left - everything seemed fine.
> > > He
> > > told us to go away and think what we wanted - whether to continue to
> > > stay here or return to the UK because we are finding it increasingly
> > > difficult to exist on one wage.
> > > When he went back to work this week, his boss immediately told him
> > > to go
> > > home again and to chat with me. He said he was not firing him but
> > > he
> > > should arrange to go back to the UK asap.
> > > On going back to work today - he was called into the office and not
> > > allowed to say a word whilst his boss told him that he was fired on
> > > Tuesday but he is giving him a second chance today. However, he
> > > will
> > > now be given a contract and any step out of line he is out of the
> > > door.
> > > He now says at the first sign of hubby swearing at him (which is
> > > what he
> > > did last week) he is out - that is fair enough. He also is
> > > stipulating
> > > that if he wants hubby to go to various parts of the country for him
> > > -
> > > he has to go - no option. There are various other stipulations that
> > > no
> > > way would we have agreed to prior to starting work but now he is
> > > implementing.
> > > Basically he is going to make his life hell so that he leaves on his
> > > own
> > > accord I feel. We have just extended the visas and they expire in
> > > Aug
> > > 2008. Can hubby change employers or if he leaves this job do we
> > > have to
> > > all go home? If so, how long would we be allowed to stay in the
> > > country
> > > bearing in mind we have a house to sell etc.
> > > Even our American friends have said how unreasonable this guy is and
> > > that was before this all happened. There is absolutely no room for
> > > discussion - it is his way or no way. He knows he needs my husband
> > > but obviously is prepared to let him go. He also constantly throws
> > > in
> > > his face that he is stuck here because he is not allowed to work
> > > anywhere else.
> > > Help please - any suggestions?
> >
> > Certainly he can change jobs. He needs to find an employer who will
> > apply for H-1B for him. Since he's already an H-1B, he's not subject
> > to
> > any quota. He can start working for the new employer as soon as they
> > have filed the petition (subject to the risk that the petition gets
> > denied - assuming the application is reasonable, there's no reason why
> > it should though).
> >
> > If he resigns, the law requires you both to leave the USA
> > "immediately". That term's not well defined - sometimes it's
> > interpreted to mean "the same day", other times you get away with a
> > few
> > days. Some people go several weeks without problems.
> Thank you everyone for your advice - guess we have a lot of talking to
> do tonight! That's pretty scarey that you have to leave so immediately
> if you resign. Think my husband will have to take some crap for a while
> till we can figure this one out to our advantage. Thanks again - really
> appreciated.
If you decide you're leaving the USA anyway, or if he can't stand any
more and wants to resign before he has another job to go to, then you
can file requests to change your statuses to B-2 visitors (you'd both
need to do this). As long as you file these before he resigns (the same
day even) with a requested change date of the day after he resigns,
then you'll remain fully legal and in status. You become ordinary
tourist visitors and won't be able to work. A request for a couple of
months of visitor status to tidy up your affairs and perhaps take some
vacation should be granted without any problem. It usually takes a few
months to adjudicate such requests, and you remain in status until its
adjudicated, so it doesn't much matter even if they refuse it in the
end.
This is a good way to deal with the situation if you decide to leave
the USA. It's possible to do this if he wants to resign and look for
another job, but it can lead to some complications; it would save
immigration hassles to stick with the current job until he gets a new
one.
Aug 17th 2006, 12:13 pm
#9
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Husband's boss changing the rules - H1B -
Originally Posted by J. J. Farrell
Worried&stressed wrote:
> > Worried&stressed wrote:
> > > We have been here 3 years now and my husband is working for a small
> > > company (approx 6 employees) on an H1B. Working in AZ heat with no
> > > air
> > > con and driving 50 miles each way to work with a car with no air,
> > > coupled with only 5 days holiday a year and absolutely no perks
> > > whatsoever finally took their toll last week and he snapped at his
> > > boss.
> > > He had asked for a week off because he was mentally and physically
> > > exhausted. His boss said yes. On the Tuesday his boss rang at home
> > > to
> > > say it was unpaid leave. We now realise that we misunderstood the
> > > fact
> > > that he gets 5 days holiday a year - in actual fact his boss stated
> > > that
> > > he has to accrue his holiday throughout the year, so although he
> > > last
> > > took his leave at Christmas, he is not actually entitled to take 5
> > > days
> > > paid until the end of this year. Anyway, to cut a long story short -
> > > hubby exploded and said something he shouldn't have done to his boss
> > > along the lines of "re-arrange these words".
> > > We both went and saw the boss that same day - hubby apologised twice
> > > -
> > > we spent 2 and a half hour with him - left - everything seemed fine.
> > > He
> > > told us to go away and think what we wanted - whether to continue to
> > > stay here or return to the UK because we are finding it increasingly
> > > difficult to exist on one wage.
> > > When he went back to work this week, his boss immediately told him
> > > to go
> > > home again and to chat with me. He said he was not firing him but
> > > he
> > > should arrange to go back to the UK asap.
> > > On going back to work today - he was called into the office and not
> > > allowed to say a word whilst his boss told him that he was fired on
> > > Tuesday but he is giving him a second chance today. However, he
> > > will
> > > now be given a contract and any step out of line he is out of the
> > > door.
> > > He now says at the first sign of hubby swearing at him (which is
> > > what he
> > > did last week) he is out - that is fair enough. He also is
> > > stipulating
> > > that if he wants hubby to go to various parts of the country for him
> > > -
> > > he has to go - no option. There are various other stipulations that
> > > no
> > > way would we have agreed to prior to starting work but now he is
> > > implementing.
> > > Basically he is going to make his life hell so that he leaves on his
> > > own
> > > accord I feel. We have just extended the visas and they expire in
> > > Aug
> > > 2008. Can hubby change employers or if he leaves this job do we
> > > have to
> > > all go home? If so, how long would we be allowed to stay in the
> > > country
> > > bearing in mind we have a house to sell etc.
> > > Even our American friends have said how unreasonable this guy is and
> > > that was before this all happened. There is absolutely no room for
> > > discussion - it is his way or no way. He knows he needs my husband
> > > but obviously is prepared to let him go. He also constantly throws
> > > in
> > > his face that he is stuck here because he is not allowed to work
> > > anywhere else.
> > > Help please - any suggestions?
> >
> > Certainly he can change jobs. He needs to find an employer who will
> > apply for H-1B for him. Since he's already an H-1B, he's not subject
> > to
> > any quota. He can start working for the new employer as soon as they
> > have filed the petition (subject to the risk that the petition gets
> > denied - assuming the application is reasonable, there's no reason why
> > it should though).
> >
> > If he resigns, the law requires you both to leave the USA
> > "immediately". That term's not well defined - sometimes it's
> > interpreted to mean "the same day", other times you get away with a
> > few
> > days. Some people go several weeks without problems.
> Thank you everyone for your advice - guess we have a lot of talking to
> do tonight! That's pretty scarey that you have to leave so immediately
> if you resign. Think my husband will have to take some crap for a while
> till we can figure this one out to our advantage. Thanks again - really
> appreciated.
If you decide you're leaving the USA anyway, or if he can't stand any
more and wants to resign before he has another job to go to, then you
can file requests to change your statuses to B-2 visitors (you'd both
need to do this). As long as you file these before he resigns (the same
day even) with a requested change date of the day after he resigns,
then you'll remain fully legal and in status. You become ordinary
tourist visitors and won't be able to work. A request for a couple of
months of visitor status to tidy up your affairs and perhaps take some
vacation should be granted without any problem. It usually takes a few
months to adjudicate such requests, and you remain in status until its
adjudicated, so it doesn't much matter even if they refuse it in the
end.
This is a good way to deal with the situation if you decide to leave
the USA. It's possible to do this if he wants to resign and look for
another job, but it can lead to some complications; it would save
immigration hassles to stick with the current job until he gets a new
one.
> > Worried&stressed wrote:
> > > We have been here 3 years now and my husband is working for a small
> > > company (approx 6 employees) on an H1B. Working in AZ heat with no
> > > air
> > > con and driving 50 miles each way to work with a car with no air,
> > > coupled with only 5 days holiday a year and absolutely no perks
> > > whatsoever finally took their toll last week and he snapped at his
> > > boss.
> > > He had asked for a week off because he was mentally and physically
> > > exhausted. His boss said yes. On the Tuesday his boss rang at home
> > > to
> > > say it was unpaid leave. We now realise that we misunderstood the
> > > fact
> > > that he gets 5 days holiday a year - in actual fact his boss stated
> > > that
> > > he has to accrue his holiday throughout the year, so although he
> > > last
> > > took his leave at Christmas, he is not actually entitled to take 5
> > > days
> > > paid until the end of this year. Anyway, to cut a long story short -
> > > hubby exploded and said something he shouldn't have done to his boss
> > > along the lines of "re-arrange these words".
> > > We both went and saw the boss that same day - hubby apologised twice
> > > -
> > > we spent 2 and a half hour with him - left - everything seemed fine.
> > > He
> > > told us to go away and think what we wanted - whether to continue to
> > > stay here or return to the UK because we are finding it increasingly
> > > difficult to exist on one wage.
> > > When he went back to work this week, his boss immediately told him
> > > to go
> > > home again and to chat with me. He said he was not firing him but
> > > he
> > > should arrange to go back to the UK asap.
> > > On going back to work today - he was called into the office and not
> > > allowed to say a word whilst his boss told him that he was fired on
> > > Tuesday but he is giving him a second chance today. However, he
> > > will
> > > now be given a contract and any step out of line he is out of the
> > > door.
> > > He now says at the first sign of hubby swearing at him (which is
> > > what he
> > > did last week) he is out - that is fair enough. He also is
> > > stipulating
> > > that if he wants hubby to go to various parts of the country for him
> > > -
> > > he has to go - no option. There are various other stipulations that
> > > no
> > > way would we have agreed to prior to starting work but now he is
> > > implementing.
> > > Basically he is going to make his life hell so that he leaves on his
> > > own
> > > accord I feel. We have just extended the visas and they expire in
> > > Aug
> > > 2008. Can hubby change employers or if he leaves this job do we
> > > have to
> > > all go home? If so, how long would we be allowed to stay in the
> > > country
> > > bearing in mind we have a house to sell etc.
> > > Even our American friends have said how unreasonable this guy is and
> > > that was before this all happened. There is absolutely no room for
> > > discussion - it is his way or no way. He knows he needs my husband
> > > but obviously is prepared to let him go. He also constantly throws
> > > in
> > > his face that he is stuck here because he is not allowed to work
> > > anywhere else.
> > > Help please - any suggestions?
> >
> > Certainly he can change jobs. He needs to find an employer who will
> > apply for H-1B for him. Since he's already an H-1B, he's not subject
> > to
> > any quota. He can start working for the new employer as soon as they
> > have filed the petition (subject to the risk that the petition gets
> > denied - assuming the application is reasonable, there's no reason why
> > it should though).
> >
> > If he resigns, the law requires you both to leave the USA
> > "immediately". That term's not well defined - sometimes it's
> > interpreted to mean "the same day", other times you get away with a
> > few
> > days. Some people go several weeks without problems.
> Thank you everyone for your advice - guess we have a lot of talking to
> do tonight! That's pretty scarey that you have to leave so immediately
> if you resign. Think my husband will have to take some crap for a while
> till we can figure this one out to our advantage. Thanks again - really
> appreciated.
If you decide you're leaving the USA anyway, or if he can't stand any
more and wants to resign before he has another job to go to, then you
can file requests to change your statuses to B-2 visitors (you'd both
need to do this). As long as you file these before he resigns (the same
day even) with a requested change date of the day after he resigns,
then you'll remain fully legal and in status. You become ordinary
tourist visitors and won't be able to work. A request for a couple of
months of visitor status to tidy up your affairs and perhaps take some
vacation should be granted without any problem. It usually takes a few
months to adjudicate such requests, and you remain in status until its
adjudicated, so it doesn't much matter even if they refuse it in the
end.
This is a good way to deal with the situation if you decide to leave
the USA. It's possible to do this if he wants to resign and look for
another job, but it can lead to some complications; it would save
immigration hassles to stick with the current job until he gets a new
one.
Anyone out there know anyone who needs a Sheet Metal Worker preferably in the WWII Aircraft restoration field ?? That's what he does at the moment. I assume he has to look for a similar job if he transfers his visa? If anyone out there wants to work for a tight fisted, miserable, low life boss ...I know of a vacancy that will be coming up soon!!
By the way, how do you write a message without including everything everyone has said before you? I can't work it out !
Aug 17th 2006, 3:08 pm
#10
Account Closed
Joined: Mar 2004
Posts: 2
Re: Husband's boss changing the rules - H1B -
Highlight
Delete
My guess is that there are specialist web sites and he probably knows anyway most of the other players in the field.
Might want to look at similar trades, auto for example.
Delete
My guess is that there are specialist web sites and he probably knows anyway most of the other players in the field.
Might want to look at similar trades, auto for example.
Aug 17th 2006, 3:31 pm
#11
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Husband's boss changing the rules - H1B -
OMG - I feel so stupid - highlight and delete - I must be stressed!
Well my husband came home tonight and updated me with all the crap his boss did today. Apparently he called a meeting with all 6 employees and told them what he had done and that he doesn't expect it from them because they will be f*ing fired if they are still standing! Hmmm.....one rule for the boss and one rule for the workers!
He only gave them his side of the story, not the reason why my husband blew his top.
What would you do in the situation of your boss telling you that your vacation was unpaid - that whole 5 days in a year that you are allowed - was not allowed in August and if you took it in August it was unpaid? We are just intrigued as to whether my husband went OTT or not. Also, if you are working alongside someone who has worked there 10 years and takes his 5 days every year in September. Presumably the same should apply to him - he would only be entitled to take his 5 days at the end of the year. Presumably also, EVERYBODY in the firm would take their vacation at the end of the year at the same time if this were the case? And yet...they are not allowed to be off together....hmm ?
Back to my glass of wine now.
Well my husband came home tonight and updated me with all the crap his boss did today. Apparently he called a meeting with all 6 employees and told them what he had done and that he doesn't expect it from them because they will be f*ing fired if they are still standing! Hmmm.....one rule for the boss and one rule for the workers!
He only gave them his side of the story, not the reason why my husband blew his top.
What would you do in the situation of your boss telling you that your vacation was unpaid - that whole 5 days in a year that you are allowed - was not allowed in August and if you took it in August it was unpaid? We are just intrigued as to whether my husband went OTT or not. Also, if you are working alongside someone who has worked there 10 years and takes his 5 days every year in September. Presumably the same should apply to him - he would only be entitled to take his 5 days at the end of the year. Presumably also, EVERYBODY in the firm would take their vacation at the end of the year at the same time if this were the case? And yet...they are not allowed to be off together....hmm ?
Back to my glass of wine now.
Aug 17th 2006, 3:34 pm
#12
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Re: Husband's boss changing the rules - H1B -
Apparently another thing he said was - if he doesn't like the colour of my husband's bandana and he tells him to change it, my husband has to without any comment. Yeah right. If he left them alone to be in charge of the swamp coolers that make their working conditions so unbearable, while he sits in his air conditioned office, maybe they wouldn't even need bandanas !
What a tosser.
He is just goading my husband on to do something irrational but he has met his match this time. We will play by his rules until it suits us. He even changed the locks on the place and won't now give my husband a key in case he goes in with a gun and wrecks the place!!! My husband doesn't even possess a gun.
AGGHHHHHH !
What a tosser.
He is just goading my husband on to do something irrational but he has met his match this time. We will play by his rules until it suits us. He even changed the locks on the place and won't now give my husband a key in case he goes in with a gun and wrecks the place!!! My husband doesn't even possess a gun.
AGGHHHHHH !
Aug 17th 2006, 3:38 pm
#13
Account Closed
Joined: Mar 2004
Posts: 2
Re: Husband's boss changing the rules - H1B -
Suck it.
Get another job.
Get another job.
Aug 17th 2006, 4:30 pm
#14
Guest
Posts: n/a
!Re: Husband's boss changing the rules - H1B -
"Worried&stressed" <member54159@british_expats.com> wrote in message
news:[email protected] m...
|
| By the way, how do you write a message without including everything
| everyone has said before you? I can't work it out !
|
| --
| Posted via http://britishexpats.com
How about just deleting parts of the message you don't want included with
yours before sending?
That's what I just did!
news:[email protected] m...
|
| By the way, how do you write a message without including everything
| everyone has said before you? I can't work it out !
|
| --
| Posted via http://britishexpats.com
How about just deleting parts of the message you don't want included with
yours before sending?
That's what I just did!
Aug 17th 2006, 5:43 pm
#15
Just Joined
Thread Starter
Joined: Aug 2006
Posts: 8
Re: !Re: Husband's boss changing the rules - H1B -
How about reading the threads just before yours before you post - that's what I just did too! Don't mess with me today - I'm totally f****d as it is so I don't need any wise cracks ok !
