Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

More regarding L1 to H1 - another question

More regarding L1 to H1 - another question

Old Mar 7th 2012, 6:07 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default More regarding L1 to H1 - another question

Thanks guys for the answers on the other thread - as usual this forum has been a great help!

I have another question - I had a UK contract and was brought over to the US on the L1A. I signed an offer letter that stated salary, bonus, the allowances etc to assist me come over here and then it also states fights back to be paid for and a set amount to transfer my belongings back to the UK if I have not been terminated for "cause" (thi is not the case).

Now I'm thinking that I should also push for a package as I had a job in the UK and they brought me over here and then there is no job for me to go back to - anyone know anything about/have any advice? Im thinking there should be a package on top of the agreed flight costs and paying for my items to be shipped back.

FYI, at the bottom of the offer letter it did state:

"This offer letter shall not be construed as constituting a contract for employment, or otherwise set forth a length of employment. You are an employee at-will, which means that either you or "XXXX Company" may end the employment relationship without cause or notice.
NSBlake is offline  
Old Mar 7th 2012, 6:12 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,279
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Are you thinking of asking for severance pay? You can certainly ask, but since it clearly states employment at-will, you probably won't get it.

Rene
Noorah101 is offline  
Old Mar 7th 2012, 6:13 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default Re: More regarding L1 to H1 - another question

OK - thank you I appreciate the speedy reply.

I was just wondering if my UK contract was still applicable as it were.............
NSBlake is offline  
Old Mar 7th 2012, 6:15 pm
  #4  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,279
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by NSBlake View Post
OK - thank you I appreciate the speedy reply.

I was just wondering if my UK contract was still applicable as it were.............
But you're saying you have no job to go back to in the UK now, right? So that UK contract doesn't sound like it's worth anything either, if the job is no longer there.

Rene
Noorah101 is offline  
Old Mar 7th 2012, 6:17 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default Re: More regarding L1 to H1 - another question

Understand - I think I have just been bulldozed by US employee law.

In the UK they would have to make me redundant and go through a process etc and then there would likely be a pay off.

However it looks like in the US you can just tell people to leave - but I was wondering whether my UK contrcat was still in efefct and the offer letter like an adendum.

Thanks for you help
NSBlake is offline  
Old Mar 7th 2012, 6:32 pm
  #6  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,630
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by NSBlake View Post
Thanks guys for the answers on the other thread - as usual this forum has been a great help!

I have another question - I had a UK contract and was brought over to the US on the L1A. I signed an offer letter that stated salary, bonus, the allowances etc to assist me come over here and then it also states fights back to be paid for and a set amount to transfer my belongings back to the UK if I have not been terminated for "cause" (thi is not the case).

Now I'm thinking that I should also push for a package as I had a job in the UK and they brought me over here and then there is no job for me to go back to - anyone know anything about/have any advice? Im thinking there should be a package on top of the agreed flight costs and paying for my items to be shipped back.

FYI, at the bottom of the offer letter it did state:

"This offer letter shall not be construed as constituting a contract for employment, or otherwise set forth a length of employment. You are an employee at-will, which means that either you or "XXXX Company" may end the employment relationship without cause or notice.

So sorry to hear about your situation.

I too came over on an L-1 and from what you have described had pretty much the same offerings as you: flights home if job in US terminated (mine stated within an 18 month period) etc etc and it too had that clause regarding employee 'at will' and the cessation of employment without cause or notice. My job too disappeared in the UK when I left.

I think you will find that by taking the position in the US you left your position in the UK, that it is no longer available (unless specifically stated in your letter of employment in the US that they would keep it open for you) and that your letter of employment defines the terms under which you were employed in the US. This employment letter, I presume you signed.

I don't think you were bulldozed by US employment law - that is the way it is and,unless you have very specific conditions included in your own personal employment letter, the majority of UK workers enter the States under those conditions.

We all hope that we won't fall foul of the employ 'em and fire 'em conditions here, but sometimes that happens.

I too was made redundant after 2.5 years here, with the company that I had been with in the UK for 12 years. However, by then we had our Green cards so was able to stay here.

I wish you all the best.

Last edited by SanDiegogirl; Mar 7th 2012 at 6:33 pm. Reason: spelling
SanDiegogirl is offline  
Old Mar 7th 2012, 6:40 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default Re: More regarding L1 to H1 - another question

Thank you for your very kind post - I agree "bulldoze" is probably not the correct term. It's just different, we would like to stay here and transfer the visa but if we have to go home then atleast we get help getting there...........

It's strange really as if we were back in the UK - I think it would be easy to line up job interviews etc

Does anyone have experience of this matter - ie looking for a job back in the UK and convincing people its ok to do video/telephone interviews and then March and April I could be there for interviews (we were going back anyway in March and my "boss" has said he would pay for flights once for me to do interviews - which is actually quite nice of him)?
NSBlake is offline  
Old Mar 7th 2012, 6:53 pm
  #8  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,630
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Just as a matter of interest, how long have you been in the US on the L1 visa?

Was there any reason why you did not go for the Green card during your time here?
SanDiegogirl is offline  
Old Mar 7th 2012, 6:57 pm
  #9  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default Re: More regarding L1 to H1 - another question

I have been here for 20 mths - and my company wouldnt sponsor the GC.

I had brought it up with them before and they didn't want to pay the fees.

Just wondering if I offered to pay the fees whetehr they would sponsor - can you get a GC in 3mnths?
NSBlake is offline  
Old Mar 7th 2012, 7:00 pm
  #10  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,279
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by NSBlake View Post
Just wondering if I offered to pay the fees whetehr they would sponsor - can you get a GC in 3mnths?
Probably not.

Rene
Noorah101 is offline  
Old Mar 7th 2012, 7:06 pm
  #11  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,630
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by NSBlake View Post
I have been here for 20 mths - and my company wouldnt sponsor the GC.

I had brought it up with them before and they didn't want to pay the fees.

Just wondering if I offered to pay the fees whetehr they would sponsor - can you get a GC in 3mnths?

Mine took 12 months to get back in 2001. Some people have reported getting them in 6 to 7 months these days.

I don't believe you can offer to pay for the Green Card application - or that the company can take the fees from the applicant.

Sorry to hear the company would not sponsor you for the Green Card.

Something else that prospective employees need to have agreed upon in their employment offers.

Good luck to you and the family.
SanDiegogirl is offline  
Old Mar 7th 2012, 7:18 pm
  #12  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by SanDiegogirl View Post
Mine took 12 months to get back in 2001. Some people have reported getting them in 6 to 7 months these days.

I don't believe you can offer to pay for the Green Card application - or that the company can take the fees from the applicant.

Sorry to hear the company would not sponsor you for the Green Card.

Something else that prospective employees need to have agreed upon in their employment offers.

Good luck to you and the family.
For green cards, a company can require the employee pay the full cost including attorney fees as well as application fees since this is primarily for the benefit of the employee and family.
Michael is offline  
Old Mar 7th 2012, 7:21 pm
  #13  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,630
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Originally Posted by Michael View Post
For green cards, a company can require the employee pay the full cost including attorney fees as well as application fees since this is primarily for the benefit of the employee and family.
Thanks for clarifying this.

My company was very good then as it paid for all expenses with regard the Green Card.
SanDiegogirl is offline  
Old Mar 7th 2012, 7:32 pm
  #14  
 
N1cky's Avatar
 
Joined: Mar 2009
Location: Google Town
Posts: 7,530
N1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond reputeN1cky has a reputation beyond repute
Default Re: More regarding L1 to H1 - another question

Sorry to read about your situation, I can sympathize, we found ourselves in a very similar position a couple of years ago. I know what you mean when you say 'bulldozed' as that's how we felt, in the UK there is this big support system if you are made redundant, consultation period... here there is nothing.

Have you looked at transferring to a B2 (i think) so you have time to get your stuff in order, I believe this can get you up to 6 months to stay in the US, potentially giving you time to find a new employee who would sponsor a H1 visa.
N1cky is offline  
Old Mar 7th 2012, 8:26 pm
  #15  
Forum Regular
Thread Starter
 
Joined: Jul 2010
Location: Darien CT
Posts: 177
NSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to allNSBlake is a name known to all
Default Re: More regarding L1 to H1 - another question

Originally Posted by N1cky View Post
Sorry to read about your situation, I can sympathize, we found ourselves in a very similar position a couple of years ago. I know what you mean when you say 'bulldozed' as that's how we felt, in the UK there is this big support system if you are made redundant, consultation period... here there is nothing.

Have you looked at transferring to a B2 (i think) so you have time to get your stuff in order, I believe this can get you up to 6 months to stay in the US, potentially giving you time to find a new employee who would sponsor a H1 visa.
No I haven't - so I will google "B2" (I thought you could only transfer L1 to H1)


This is why these forums are so useful!
NSBlake is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.