h1b

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Old Aug 26th 2009, 7:48 am
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Default h1b

Can someone clarify on one pont please cos my cold feet situation is still going on.
My H1b petition is accepted I have my USA position in place in good old California which has the employ at will contract for employees, i.e I can walk in tin work at 9:00aam and be sacked at 10:00am where do I stand as far as having to vacate the country? I understand the visa would not be transferable.
My HR department now have my petition results and are pushing forward but I am thinking of cancelling the whole thing as the risks are too high?

I think of all the cost and commitments of moving there and then at the drop of a hat having to come back. The costs are going to be huge ?
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Old Aug 26th 2009, 8:03 am
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Default Re: h1b

Originally Posted by rwoodfine
Can someone clarify on one pont please cos my cold feet situation is still going on.
My H1b petition is accepted I have my USA position in place in good old California which has the employ at will contract for employees, i.e I can walk in tin work at 9:00aam and be sacked at 10:00am where do I stand as far as having to vacate the country? I understand the visa would not be transferable.
My HR department now have my petition results and are pushing forward but I am thinking of cancelling the whole thing as the risks are too high?

I think of all the cost and commitments of moving there and then at the drop of a hat having to come back. The costs are going to be huge ?
You need to make sure you have this kind of thing in your contract i.e. ours says that if for any reason hubby is made redundant or similar, they will pay for us to come back to the UK, plus compensation. The compensation is over and above what most get from what I understand, but repatriation is fairly normal for those relocating for a job.

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Old Aug 26th 2009, 8:06 am
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Default Re: h1b

Originally Posted by christmasoompa
You need to make sure you have this kind of thing in your contract i.e. ours says that if for any reason hubby is made redundant or similar, they will pay for us to come back to the UK, plus compensation. The compensation is over and above what most get from what I understand, but repatriation is fairly normal for those relocating for a job.

Is there a difference between L1 and H1 would I have been better getting an L1?
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Old Aug 26th 2009, 8:14 am
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Default Re: h1b

Originally Posted by rwoodfine
Is there a difference between L1 and H1 would I have been better getting an L1?
No idea - don't know your circumstances so cannot say if an L1 would be suitable!

An L1 is a transfer, so you'd probably have more leverage for negotiating a good contract imo - you could have written in that if something went wrong, you'd just be transferred back to the UK office at their cost.

But that's just a guess, and can't say which visa would be the most suitable for you and your specific situation.

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Old Aug 26th 2009, 10:39 am
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Default Re: h1b

Originally Posted by rwoodfine
Can someone clarify on one pont please cos my cold feet situation is still going on.
My H1b petition is accepted I have my USA position in place in good old California which has the employ at will contract for employees, i.e I can walk in tin work at 9:00aam and be sacked at 10:00am where do I stand as far as having to vacate the country? I understand the visa would not be transferable.
My HR department now have my petition results and are pushing forward but I am thinking of cancelling the whole thing as the risks are too high?

I think of all the cost and commitments of moving there and then at the drop of a hat having to come back. The costs are going to be huge ?
in any state in the US, you can be laid off within the blink of an eye, there may be a severance package attached in some cases, but this normally is tied into your tenure with the organization.
Strict legal interpretation of the law doesn't allow for the H1b person to stay even a day in the US after getting laid off, but in practical terms, i have heard of people getting out within 10 to 30 days. Some people find another job within that time frame and do a H1 transfer which makes them eligible to work for the new company as soon as USCIS acknowledges the receipt of their Transfer petition, but finding a new job in such a short time frame is pretty tough.
Yet some others go on and get a F1 student visa and go back to school and improve their skills.

Good luck
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Old Aug 26th 2009, 4:43 pm
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Default Re: h1b

Originally Posted by rwoodfine
Can someone clarify on one pont please cos my cold feet situation is still going on.
My H1b petition is accepted I have my USA position in place in good old California which has the employ at will contract for employees, i.e I can walk in tin work at 9:00aam and be sacked at 10:00am where do I stand as far as having to vacate the country? I understand the visa would not be transferable.
My HR department now have my petition results and are pushing forward but I am thinking of cancelling the whole thing as the risks are too high?

I think of all the cost and commitments of moving there and then at the drop of a hat having to come back. The costs are going to be huge ?
If you get fired, you have to leave the US.

The risk is up to you.

Nothing ventured, nothing gained.
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Old Aug 26th 2009, 4:51 pm
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Default Re: h1b

Actually,

There's a stipulation in the H1 which states that if you get fired, the company HAS to pay for your flight back. There might be additional relocation expenses as well, but the flight back is an unavoidable responsibility for the employer.

Further, what's with the cold feet? Do you think your employer would have spent all this money and waited for so long just so they can fire you in a month? Stop being a drama queen!
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Old Aug 28th 2009, 4:27 am
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Default Re: h1b

Originally Posted by agentred
Actually,

There's a stipulation in the H1 which states that if you get fired, the company HAS to pay for your flight back. There might be additional relocation expenses as well, but the flight back is an unavoidable responsibility for the employer.

Further, what's with the cold feet? Do you think your employer would have spent all this money and waited for so long just so they can fire you in a month? Stop being a drama queen!
Great post!


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Old Aug 28th 2009, 4:42 am
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Default Re: h1b

I can understand your fears - they are similar to what ours were years ago.

The way we felt more in control was to be tightwads in the early days (or rather my now hubby - he left me behind in the UK). Basically, he was/we were extra careful with money, and quickly saved up enough to cover us for 4 - 6 months' worth of expenses. That way, should the worst happen, then he/we had a safety net.

(I say he/we, cos I had returned to full-time study in the UK....he became my sugar daddy!)
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