scrubbedexpat027

I hold the opposite view. My company wouldn't commit to an exact date either. I guess they wanted to see if things worked out which I see as only fair before commiting to so much expense. You're the only one who's been dealing with them though, so I'd say do what your gut tells you.

ian-mstm

I'm quite sure they don't want to do that! Never forget that the company wants to protect itself... at all costs!


Wow - red flag if I've ever seen one! What's unstated, is that they might make sponsorship so impractical in terms of available time, that they end up not having to sponsor you for a GC at all.


... or never!


In a nutshell, they are basically expecting a commitment from you without offering you a commitment from them. That's not a fair trade, IMHO... and puts you in a position of complete servitude.

If they really want you in the US working for them, you should insist on a specific date for sponsorship. This is to protect you! If they really don't want to do this, I suggest you pass on the opportunity... because, if past history is anything to go by, this is not going to work out well for you!


I don't think you are, no.

Ian

scrubbedexpat027

Having said what I said, remember I have no dependants, which does make it a lot easier for me to take risks.

ian-mstm

That's fair enough... but the company always has the option to fire the employee if things don't work out... and then they're off the hook for GC sponsorship anyway!

Ian

jodvova

They also added a note (in email, not in the offer letter) saying that if things don't work out or if I leave within 2 years, I will have to reimburse the costs of GC, which I'm fine with.

scrubbedexpat027

Hmmm, it is starting to sound a bit one sided.

jodvova

As I understand the situation, they don't want to put a specific timeline for GC on paper due to J-1 visa. Their's arguing is when I apply for J-1 at the embassy I will have to present a contract and obviously if there is a stipulation about GC there, the visa officer will never issue a visa.

Although, it doesn't explain why they can't put it in email or an offer letter which won't be presented to the embassy.

ian-mstm

Their premise is faulty, therefore, so is their conclusion.


Think about that for a moment - because it speaks volumes as to their intent.

Ultimately, how you proceed is up to you... but most people believe that the employer and employee both negotiate in good faith - when, more often than not, good faith negotiations are decidedly on the side of the prospective employee only. You want a job... they have a job for you... and you'll do anything to get that job - even screw yourself! The company is betting that your need for a job outweighs their need to negotiate fairly!

Ian

JAJ

Except that the logistics of applying for adjustment of status from an E visa are different compared to H and L, in that as far as I know, the underlying visa does not survive once adjustment of status is applied for. Which can complicate the process (requiring AP, EAD in all cases, also complications in case of refusal). On J visas, there is the additional complication of a possible 2 year home residence requirement. Also the fact that the working conditions expected by the visa/status might be quite specific and not necessarily designed for career type employment.

Definitely an issue to get advice on from own attorney not one engaged by the employer.

Victorinox

Some similarities in my situation.
Some fields are exempt from the H1B numbers cap, so if there is a possibility of going on a H1-B, that might work/or be something to consider. That offers you some security about the level of seriousness of the potential empoyer (if they are willing to invest in a H1-B) and also gives them a safety valve, such that if it doesn’t work out, they can sever the relationship (win-win).

When I was offered a position, I was told to go for a J1 but I refused and stated that I wanted a H1-B; the company acquiesced and applied for a H1-B, which came through relatively quickly.

Once I got here, after about 6-7 months of working for them, I then approached the guy who recruited me and asked to be sponsored for a GC and that got the whole process started.

I didn’t want to be too pushy in asking for a GC at the outset. I was fortunate enough that the work wen well, so they saw some value in my presence, so when I asked for a GC, they were willing. This started the long road.

The GC can be a long, tortuous road, but you sound like you are in a medical/scientific field, so it may be worth investigating the H1-B, as a preliminary step (allows both sides to show good faith). If you are good at what you do, considering what they are probably planning on paying you on a J1, they will want to keep you. The US is a very hard-nosed place, rife with cronyism and special interest, so presumably, someone sees something good in you. But you also have to deliver, to allow them make that further investment.

There was a lot of turbulence after the process got going with me (nothing to do with me, lots of turbulence politically within the organization with the accompanying turn-over) and I sometimes felt like the H1-B was indentured servitude, because on someone's whim, I could be kicked out of the country.

jodvova

Unfortunately I cannot get H1-B now and I actually don't want to go via H1-B path, because my wife wouldn't be able to work in the US.

The fact that they use J-1 to bring me in the US doesn't mean they will pay me as intern or trainee. It's just an available and convenient (my wife can get EAD on J-2) type of transport to the US asap.