Funstuie

I am sure this has been asked a million times so I will try to make this quick.

I moved to the U.S. Last August on an L1-a visa and I hate my job. It's destroying me and I am struggling to get through the days. I still have the guarantee that they will start the green card process after 1 year and I could probably struggle through for another 6 months or so but initially we planned to stay here long term it's looking like a 2 year stay if I am in this role.

While am pretty sure the answer is no I just wanted to check if there is anyway I could get a job with another company and move to a different work visa while still remaining in the U.S.?

Hawkini

The fast answer is - almost likely no...

Your current visa only authorizes you to work for the L-1 employer.

To work for anyone else requires a new petition, so you're back to looking at the old Pulaskis way thread to see if you qualify.

I was extremely fortunate as my employer sponsored both myself and my wife for L-1 (we worked for the same company!), so when I was made redundant I switched to L-2, 3 months and an EAD later I worked for a much better employer... but I'm guessing this doesn't happen to many people at all...

fozzyb

I did have one colleague who, whilst employed by one company on an L-1 and realizing they were going to string him along before maybe applying for the greencard, managed to get himself headhunted by another company on the condition that they get him a greencard (or EB visa) before he would join.

In the end he had to leave the first company about 3 months before the EB came through, so had to leave the US temporarily (basically went on a long vacation to Canada and Hong Kong).

I'm not sure how many people would manage to do that though (and this was Silicon Valley - so no shortage of potential employers).

Pulaski

Can you? Yes ..... Is it likely? No.

There is no prohibition on switching from an L1 to another visa, but unless your UK employer has one or more other qualifying affiliates in the US it can't be another L1 visa. You have just missed your chance for an H-1 for October 2015, so your most likely alternatives would be an uncapped H-1 if you fancy a job in education/ academia, or an E-2 if you can find a British company to work for (assuming you are British). ..... Beyond that, unless you are stellar enough for an O-1, or marry a USC, you are pretty much stuck with looking for direct sponsorship for a green card through an EB visa.

ian-mstm

Sadly, this happens from time to time. It's made worse because the hopes and dreams you might have had for a new life in the US seem to be fading.


Ask yourself a question: "Do I want to live like this for the next 1.5 years?" If the answer is no (and, from what you've written, it may be), then leave the company. Life is too short to be stuck in a miserable situation.

Ian

Guindalf

Sometimes it's not that simple, Ian.

Not visa related, but I got laid off about 5-6 years ago and I found what I thought would be an ideal job as IT for a smallish local cable company. It soon became clear that the manager was an incompetent misogynist and my (female) supervisor was a bare-faced liar!

I couldn't just leave because we had a mortgage, two cars and a motorcycle to make payments on, so I had to stick it out until I found something else. There were several occasions when I came home and MrsGuindalf thought I was going to keel over and die of a heart attack/nervous breakdown on the spot! Even the good days were marred by the fact that I was waiting for something to go wrong.

Just as I reached the lowest point and we had pretty much decided that it wasn't worth it for my health, my old company called and asked if I'd like to go back (in a different role). It took me all of a nanosecond to say "YES!".

So, sometimes quitting is not the best option, although it may seem the obvious one.

sherbert

Agree. While I'm the first to say 'life's too short to be in a shitty situation', it's really not that easy to simply 'quit and leave' when you've got houses, cars, furniture and obligations to deal with. And where do you go? If you didn't sell your house, it's rented out and you can't just chuck out your tenants...

English88

Are you single? Find a lovely American girl to marry

ian-mstm

I understand, but I disagree with you both. Getting a long-term visa (not B-1/2, etc) is like getting married... the front end of the arrangement looks great, but no one ever considers the back end of things - what to do if/when things don't work out. People purchase property and cars, and it's like living the life of Riley. Financial obligations pile on... and all is well and good with the world - until something like the OP's situation happens.

At that point, the obligations are a chain around your neck (much like a divorce in that respect)... and all you want to do is get away from the situation. Indeed, you often must get away from the situation to survive. As almost anyone who has been divorced can tell you - very often you're willing to give up the luxuries in order to save your sanity. It's also like that when you're bound to a job you don't like.

There is an easy solution though - leave and return home. I never once suggested it was an ideal solution... but it's still perfectly valid and doable.

People are highly motivated to pack up and move to the US because they think things will be better for them... but there's no guarantee - so they should be equally motivated to return. Many fight that, however, because they don't want to perceive themselves as having failed. Well... such is life.

Ian

fozzyb

To the OP:

What is it about the job that is getting to you?

Is there any way you can change the job from the inside (any chance to move to a different department within the same company etc)?

Is it something that might change over time (eg if its a personal problem with your boss - you never know he might happen to leave next week)?

If visas were not an issue, would thinks likely be better at another employer, or is it a cultural problem? Its not going to be easy - but being "on the ground" its probably easier to get another employer to go direct for an EB than it would be if you went back to the UK. Will still take at least a year though...

If you did go back to the UK would you have a job to go to?

Best of luck whatever you decide though.

sherbert

I don't really understand why anyone would purchase property while here on a non-immigrant visa. It's doable yes if you are willing to lose a lot of money and deal with a lot of stress (which is probably going to push you over the edge if you're already in a stressful situation). And you completely ignored my point about not having a home to return to.

I was never under any illusion that living in the US would be easy and I can't believe people consistently keep posting 'how can I move to USA, I'll do anything!' posts. Wake up people!

ian-mstm

Agreed.


Actually, I opted not to respond because people don't like to acknowledge that, perhaps, they were short-sighted when they chose to abandon their home and put all their eggs into the US basket.


Sometimes, people need to be hit over the head... figuratively speaking, of course!

Ian

Guindalf

Ian, I think we're both on the same side here.

While I agree that you SHOULD get out if it's too bad to cope, I still feel that sometimes it's not that easy to make that decision. In my circumstances explained in my original post, I felt I HAD to stick it out or put us in a deep financial hole and, after X-teen years of marriage, I didn't want to put us in that situation unless I absolutely had to. I reached that point where it almost killed me, so the financial status just about took a back seat and my DW even said "You HAVE to get out for your health!".

Luckily, my old employer came through at the right time.

Yes, I guess the 'failure' aspect was there, but it's not always black and white when there are debts and other factors like, say, kids in school, etc.

sherbert

I think most people do not 'choose' to abandon their home. For most of us it's financially impossible to run two homes.

Yes, a lot of people do need a good whack

kodokan

Not wanting to make it any worse, but one of the conditions of hubby's GC application was that he had to then stay with the company for 2 years from the date of the GC being granted, or repay all the associated costs.

(Although that clause became moot, when they laid him off the following year! At which point having the GC was a colossal boon.)