L1 Visa; employer trying to send back to UK; advice on options needed
#46
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Joined: Apr 2009
Posts: 252
Re: L1 Visa; employer trying to send back to UK; advice on options needed
That's what it says here: http://www.murthy.com/news/UDh1iii.html
I don't know how accurate/up to date this article is.
I don't know how accurate/up to date this article is.
Socal Local - my belief is that the statement in the article applies only if you change visas under the same employer. If you move employers, the clock starts again. However, I have been unable to find conclusive proof of either scenario anywhere, so would love it if someone could clear this up.
JAJ - Thanks for the input. The no-Green Card thing is actually more of a US HR bullshit rule (we wont give it to anyone below VP, which is very high up in our company). There is no legal reason for this, nor does it speak to your standing in the company. Unless my new big boss is lying when he says he will look to promote me susbequent to my move back :-)
Boiler - its not really a case of "time being up". An L1 visa provides a relatively easy path to GC, and for 4 years my company has been giving me the impression thats where I'm headed... so having been here 6 years its somewhat of a rude shock to be told different. I'm OK with that, because I knew it was always possible, what I'm not OK with is being sent back at relatively short notice with the company not covering some fairly key costs. This again does not reflect on my standing in the company - I'd have to be a megalomaniac to believe I was being victimized, because a company our size with our number of expats does things at a very macro level.
Cheers
#47
Re: L1 Visa; employer trying to send back to UK; advice on options needed
Socal Local - my belief is that the statement in the article applies only if you change visas under the same employer. If you move employers, the clock starts again. However, I have been unable to find conclusive proof of either scenario anywhere, so would love it if someone could clear this up.
[qupte]JAJ - Thanks for the input. The no-Green Card thing is actually more of a US HR bullshit rule (we wont give it to anyone below VP, which is very high up in our company). There is no legal reason for this, nor does it speak to your standing in the company. Unless my new big boss is lying when he says he will look to promote me susbequent to my move back :-)
[qupte]JAJ - Thanks for the input. The no-Green Card thing is actually more of a US HR bullshit rule (we wont give it to anyone below VP, which is very high up in our company). There is no legal reason for this, nor does it speak to your standing in the company. Unless my new big boss is lying when he says he will look to promote me susbequent to my move back :-)
I was always under the impression that the US company could decide to send you packing back to the UK anytime they wanted. Depending on the state you are in, you have no employment protection that says otherwise. Refusing a new assignment, when your current US position will become defunct, is basically the same as a resignation in most people's eyes. I don't see how you have much leverage at all.
Boiler - its not really a case of "time being up". An L1 visa provides a relatively easy path to GC, and for 4 years my company has been giving me the impression thats where I'm headed... so having been here 6 years its somewhat of a rude shock to be told different. I'm OK with that, because I knew it was always possible, what I'm not OK with is being sent back at relatively short notice with the company not covering some fairly key costs. This again does not reflect on my standing in the company - I'd have to be a megalomaniac to believe I was being victimized, because a company our size with our number of expats does things at a very macro level.
#48
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Re: L1 Visa; employer trying to send back to UK; advice on options needed
Sunflower - I'm not going to argue with you. There are a lot of factors that you're not aware of.
I do agree with you that I don't have a lot of leverage, and this is the position many non-GC immigrants to the US find themselves in. But the leverage I do have is that I am on our 'leadership high potential' list and the specific skillset & experience I have is very valuable to my function at this time.
I am no primadonna BTW, I am not stamping my feet and holding my breath. I'm simply looking for fair treatment from HR, which in our company has become a law to itself and seemingly immune from business reason.
I'm using this thread to try to understand what leverage I might have in that discussion. I have received confirmation that its not much. But I'm not looking for judgement either, especially from people who only know a small % of the facts.
Cheers
I do agree with you that I don't have a lot of leverage, and this is the position many non-GC immigrants to the US find themselves in. But the leverage I do have is that I am on our 'leadership high potential' list and the specific skillset & experience I have is very valuable to my function at this time.
I am no primadonna BTW, I am not stamping my feet and holding my breath. I'm simply looking for fair treatment from HR, which in our company has become a law to itself and seemingly immune from business reason.
I'm using this thread to try to understand what leverage I might have in that discussion. I have received confirmation that its not much. But I'm not looking for judgement either, especially from people who only know a small % of the facts.
Cheers
#49
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Joined: Sep 2008
Location: SF
Posts: 21
Re: L1 Visa; employer trying to send back to UK; advice on options needed
Excuse me, but this has nothing to do with Immigration now. Can we please either leave it, or move it to the right place.
Good luck one and all!!
Good luck one and all!!
#50
Account Closed
Joined: Mar 2004
Posts: 2
Re: L1 Visa; employer trying to send back to UK; advice on options needed
To be blunt, if you wanted a GC then you should have made the move conditional on them applying for one within 6 monhs.
They have you by the short and curlies.
They have you by the short and curlies.
#51
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: L1 Visa; employer trying to send back to UK; advice on options needed
I'm not looking for judgement either, especially from people who only know a small % of the facts.
Ian
#52
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Joined: Apr 2009
Posts: 252
Re: L1 Visa; employer trying to send back to UK; advice on options needed
Ian - I think if you reread the initial post, you will see its quite in line with the objectives of this forum. I certainly have not tried to withhold information, but OTOH I don't feel the need to post my entire history with the company for people to judge whether I am justified in asking for better relo terms, which is anyway not why I posted here.
But I agree, the conversation seems to have run its course now.
Thanks all for your input.
Cheers
But I agree, the conversation seems to have run its course now.
Thanks all for your input.
Cheers
#53
Re: L1 Visa; employer trying to send back to UK; advice on options needed
They don't have to have a legal reason to refuse to sponsor you. Perhaps it's the sheer cost of the process that made them decide not to sponsor a green card for anyone less than a VP. Or maybe they don't want to be on the hook as your sponsor for the next 10 years since there's no guarentee you'll remain working for them during that time period.
As for cost, cost of doing a first preference GC should be $7-10k.
Cost of relocating a family back to the United Kingdom, at least $30k and possibly a lot more in certain circumstamces.
#54
Re: L1 Visa; employer trying to send back to UK; advice on options needed
The no-Green Card thing is actually more of a US HR bullshit rule (we wont give it to anyone below VP, which is very high up in our company). There is no legal reason for this, nor does it speak to your standing in the company. Unless my new big boss is lying when he says he will look to promote me susbequent to my move back
#55
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Re: L1 Visa; employer trying to send back to UK; advice on options needed
Yes, I believe that the main motivation for our HR in restricting GCs is fear of people leaving. What most other companies do is require you to pay back the costs plus you often lose any other expat bonuses if you leave, so you would have thought it would be possible to come up with the right balance.
JAJ - you're right, the GC would cost much less than relocation.
JAJ - you're right, the GC would cost much less than relocation.