Funstuie

Sorry for the late replies and thanks for the responses.

I go through phases of hating my job and other times I am able to be completely apathetic about it (right now I couldn't give a shit about it). One reason I have to stay for at least a year is it's in my contract so quitting has never been an option and personally I want to make it work for at least 2 years in the US.

I already pretty much knew the answer when I asked this question but I figured I would ask anyway. If I could move to a new job tomorrow I would but it's not an option so I will find a way to make it work. My next step will probably to look for something to move into internally (but doing that would burn some bridges - which at this point I don't really care about), the main reason I haven't done that yet is I might still have a job in the UK in my current role. If I move to a different department/org they probably wont have any UK positions so when we decide to move back (which wasn't on our mind initially) I will have to leave and have nothing to go back to.

ian-mstm

What's the penalty if you leave ahead of time?


Involuntary servitude was abolished in the US in 1865. The alternative might not be favorable, but the option to quit still exists. Just sayin'.

Ian

Funstuie

The penalty is they can request all costs related to our move here be returned.

S Folinsky

This post is not a discussion on the law -- but I'm wondering as to the reason OP can't stand his current position. Is it job duties or is it the people he has to work with?

Funstuie

I thought I would come back to this post and just give an update.

So it's about 4/5 months on from my initial post and in all honesty work is still just a rubbish but for the moment my boss is completely ignoring me (we don't work in the same building which makes it slightly easier) so I am just showing up and getting paid.

My work situation is a complete waste of my time and the companies but no one seems to want to do anything about it.

I applied for an internal role which I didn't get because it was east coast based and I just couldn't move less than a year after moving to the US. But my iron is still in that fire as I get on really well with the director in that division so I have been told should something come up I will be top of the list (I am not holding my breath but it's something).

Also as I have been here a year now the company would be willing to start the GC application but for the moment I have opted out of it as I would have to stay with the company for up to 24 months after the GC has been granted (but the annoying caveat to that would be that I can't even move roles within the company). So I can't commit to my current role for that length of time. Right now I am resigned to seeing out the L1 visa (2 years left) and seeing if anything changes within that time. There is nothing stopping me moving dept/org while on the visa and should I get something I like I can then start the GC application.

Pulaski

Says who?

Under almost all circumstances in the US you are within your rights to just leave. "Notice" is nice, but rarely do employers have any redress if you walk out.

S Folinsky

I wondered that myself. Also, the first "portability" case I did was for a man in an executive position where he changed to a company doing the exact same duties but the new employer was not "international." LOS had to clear it with DC inasmuch as the ink was barely dry on the new law. Approved no problem. I wonder who the hell OP is consulting with.

Funstuie

It's in a contract I have to sign before they will start the GC process. It says:

"In the event that I terminate my employment with xxx for any reason or xxx terminates my employment for any “cause” reason as defined below after the later of the initiation of the Permanent Residence process or within 12 months after the date I obtain permanent residence status, I hereby agree to repay xxx 100% of the costs paid by xxx on my behalf with respect to this process. This includes but is not limited to all fees and costs associated with the preparation and filing of documents needed to obtain such permanent residence status, including an I-140 Immigrant Visa Petition, I-485 Adjustment of Status Application, and related applications for interim benefits while the I-485 application is pending. If xxx paid any amounts directly to me as reimbursement for costs associated with obtaining such permanent residence status, I hereby agree to repay xxx 100% of those amounts.

Furthermore, if I initiate any internal employment change including a change in job, a transfer to a different xxx entity, a change in organization or line of business while the Permanent Residence process is on-going which causes the cessation in that process, I further agree to repay xxx 100% of the costs paid by xxx on my behalf with respect to this process. In addition, if such change results in additional costs or fees to necessary revise any previously documents in order to proceed with the permanent residence process, such additional costs or fees shall be added to that which I am responsible to repay should I end my xxx employment as described above...."

xxx is the company name which I have removed for obvious reason. I am sure the above is probably a boiler plate agreement but it's still too much for me to agree to stay within the same org, mgmt structure for the duration of the application. The major issue in this is my current management have to agree that the costs be billed to their cost center so I would be unable to change orgs as the cost center would change. So I have to wait it out and see if I can find a new role in a different org and then start the GC process.

Pulaski

I would get my own legal advice on the validity of such a contract.

That said, do you know how much the cost would be? A few $000's for a Green Card is a pretty good deal, and in some cases employers will pay such severance penalties for attractive new hires. My employer paid off about $20k of reimbursible tuition fees for a colleague whose JD was partially bankrolled by his previous employer.

tht

And/or if you find a new employer that needs your skills and can't find them elsewhere, and you have the GC, you can explain your situation and maybe they would pay you a signing bonus around the same level as what you owe. The cost would be similar to what sponsoring you for a visa would be anyway....

unique_boy

I would take the gamble on the HR system being sophisticated enough to recoup those costs. I have heard of a good few cases of costs not being recouped.

unique_boy

How does the H1 work? Apply in April but you can't start work until October (if successful).

So essentially you need to find a company that will first sponsor you for an H1B then are willing to wait 6+ months for you to be able to start? I imagine this would only happen for quite senior people.

Pulaski

People make it work some how. A lot of them as far as I can tell are relatively low-grade computer geeks, who are hired en masse by consulting firms that know they need X hundred bodies, so apply for 2X-3X visas, knowing that many applications won't be successful.

unique_boy

People can work on a student visa after doing a master? I have seen a lot of people in my place come in after their masters for a year and apply for the h1b, some get and continue work some don't and leave.

Most seem willing to do whatever job they can do to get the h1b then move to the jobs they actually once. In essence buying a greencard?

ian-mstm

Are you asking a question? I ask, because putting a "?" after a statement doesn't turn it into a question! It sounds as though you have no idea what you're talking about... but you're hoping you're right.


You're not actually sure whether you're asking a question, are you? You aren't. So, since you actually made a statement and didn't ask a question... you're wrong - or confused or both. While there are ways to buy a green card, getting one via H-1B sponsorship isn't one of them. If the company does not want to start the green card process on your behalf (which they must do, because you can't start the process independently of the company), it'll never happen... no matter how much money you have or how much you want it to happen.

Ian