nudda

Apologies if this has been asked before (I'm sure it has but I couldnt find anything - couldnt think of which keywords to search). I will have a h1b visa and wanted to find out realistically what would happen if the employer decides to let me go (for whatever reason). Reason I ask is because I am moving to the US and leaving my life behind so dont really want to come back to this given I have sold everything so it would be a massive hassle. Also, my field is growing in the US so its grwet for my career.

Just been nervous with the move and now feel like I need to know what the score would be.

Thanks!

Noorah101

If the employer decides to let you go, you would have to leave the USA as soon as possible, unless you have another employer lined up who will do a transfer.

If you are wanting to make a permanent move to the USA, you can try getting it in writing that the employer will sponsor you for a green card on an exact date.

Rene

ian-mstm

Unfortunately, Rene is correct. Unless you can find another company willing to sponsor you, you must leave the US.

Ian

scrubbedexpat099

H1b is a temp work visa

zerlesen

You may be able to file for a change of status to B-2 if you aren't in a position to leave immediately. Also, if you have a cap-subject H-1B and you lose your job, then find another one (what with the growing field and all), you won't be subject to the cap again unless you spend a year out of the country in the meantime. This avoids the inherent problems with the lottery - and you don't even necessarily need a new visa, just the I-797 from the new petition.

retzie

From memory, the OP was lining up a cap-exempt position. This means you could only transfer easily to another cap-exempt position; anything else would involved going into the lottery and having to worry about the April/October timeline.

Welcome to the uncertainties of a non-immigrant visa!

nudda

thanks all - as I thought.
Retzie - I thought a h1b was a h1b, doesnt matter if its cap exempt ...?

Wondering how these folks on h1b stay there forever when they go over. I read something about applying for an EAD. The employer had already said they will not sponsor a greencard for me (for whatever reason)

ian-mstm

So long as you know this in advance and are okay with it, go for it.


That will apply to you only if the company is willing to sponsor you for a green card. They're not... so you either work for your H-1B sponsor or you go home.

Ian

zerlesen

Oh, duh, I was even in that thread.

That would be a hell of a loophole! No, if you enter without going through the lottery then you can't transfer to a cap-subject position without entering the lottery. Transferring to another academic (ie cap-exempt) position would be OK though. Eventually you have to start worrying about the six-year maximum stay.

We get green cards.

You don't need an EAD, because you're not authorized to work for anyone except your H-1B sponsor. As for the GC, we went over this: I'm sure it's nothing personal, but for a visiting position they literally can't do that.

retzie

To be fair, there were quite a few of them...


This is the big one! Since the OP seems to be unfamiliar with it: you are limited to six years in H-1B status, after which, you need to leave the US for a year before you are eligible to reapply. This applies equally to cap-exempt and cap-subject positions - there is no way around it. (The only way to extend beyond six years is connected to having a green card application in-process, which appears to be off the table for you.)

To the OP: an H-1B is often a stepping stone to permanent residence in the US. However, in and of itself, it is NOT a way to reside here permanently. I suggest you digest these facts as soon as possible. Whilst you may find a path to permanent residence at some point, you will save yourself a lot of heartache if you go into this move understanding that it is a temporary relocation opportunity. You do not want to start a whole new life here, only to have it whisked out from under you because you didn't read the fine print.