Lesley1020

So, my boss decides this week that he is not happy with the "morals" involved in advertising my job knowing full well that we are hoping no-one qualified applies, and that they are looking for ways to disqualify any applicants.. so far it has been with the State Workforce Agency for almost 2 weeks and we have been inundated with applications - pretty much from unqualified people for the most part... but the ads are due to go in the local Sunday newspaper pretty soon (or were) and I am guessing we are going to get more than a few...

He feels like I am not getting painted the full picture from my attorney - they went ahead and put the ad with the SWA without sending it to me first and included their fax number, so people are now of course being pro-active and getting the phone number, and even showing up!! We've only now just been told that the full company name must go in the newspaper ad and I still haven't been given a copy of the full ruling that states this (he's an attorney, he wants to see it in writing!)....

They are not happy at all and I am getting more than just a feeling that they are getting cold feet about it all - he is very nervous about the whole thing and I am seriously thinking about pulling the plug on it before it goes any further... On top of paying over $400 a month to the atty - I now have to come up with a few hundred for the "detailed ad" and I am wondering if I am just throwing good money after bad...

I guess I am just thinking out aloud / venting - I have tried to get a straight answer from him, but all I am getting is "lets just see how it goes" but he has made it clear he has no intention of hiring any of these people even if they are qualified (since I am legally here until Nov) and now feels that the whole thing is morally wrong.

I have pretty much exhausted all other options to stay - well basically there are none, employment wise.... and I guess am clutching at straws, but I guess what I am asking myself now is, do I throw in the towel or just continue with the process until either some wonderfully qualified person applies and the application goes no further (and wind up with the big bill anyway), or my boss gets cold feet for sure.... or a miracle happens and it goes as we had originally hoped. Yeah, I know. Pie in the sky stuff.

I have talked to my attorney about school too, after talking to estate agents when I was home, I know I am going to net about 20,000 (pounds) on the sale of my house, should I do so - but hell, even the local community college is $7,000 per semester and you can only work on campus 20 hours per week... I always understood that you could get permission at after the first 9 months to work outwith campus, but atty told me that is practically impossible.

It's just very disheartening - for the first time in a long time, even after all that's happened the last year - I feel very settled here now, made lots of friends and happy in a relatively new relationship... the thought of leaving this year is just a lot to take in - and yet I always knew it was an option.

The same response I get from everyone is - but why on earth is it so hard for British people to stay in this country, we dont understand it ??? LOL.

OK. Vent over.

Lesley1020

Question - when all of you, with various circumstances - were going through the whole procedure - whether it be non-immigrant, immigrant etc - did you ever feel like saying just shove your visa - I'm gonna go somewhere that wants me!!!! LOL.

dunroving

Sounds like you need to have a heart-to-heart with your employer before you go any further. If he intends to hire a US citizen if he/she seems halfway qualified, you need to know that. I don't see any reason not to set up a meeting and just ask him outright.

You may not want to hear this, but he has a point. Setting up a job description so it matches only one person is a bit devious (but I understand why it's necessary).

I've wrestled with immigration on work permits/visas since 1983, except one year when I was in Scotland. It's a right royal pain in the butt not knowing from one year to the next whether you'll still be welcome, or put on a plane home. A big part in succeeding through the work visa process is a supportive (potential) employer - if they are not behind you, be careful of wasting more money on a wild goose chase.

snowbunny

Your boss may really want you but feel very divided at the same time. There's a lot that has been made about outsourcing jobs (which the government has a harder time regulating, even if they wanted to) and people out of work because of jobs that have moved overseas. The backlash against employers hiring on H-class visas is very strong these days where before it was largely ignored. I myself feel divided -- my former job was outsourced and I'm struggling to find another one, but I also want to welcome people who want to live here, especially those from the UK (because immigration from Western Europe is uncommon compared to immigration from Asia and Latin America).

I agree that a heart to heart with the boss is the best way to go, but he may be reluctant to tell you his true feelings if he's afraid they might be used against him either by you if you don't get the job, or the Labour Department if you do.

If you really truly feel that you are okay with an equally or better qualified USC having the job over you, then saying that to him may ease his mind and allow him to make a decision faster.

Good luck, and were I you, I'd start looking for your next job no matter what happens. Good advice for anyone and especially someone on a work visa.

BritGuyTN

Lesley

Try and look at my comments with an open mind....

Can you justify $5,000 for potentially nothing? thats a lot of money to throw away

I'm sure the local college is less than 7000 a semester - you would probably qualify for in-state tuition as you have been in memphis for a period of time

regards work

first year you cannot work off campus

after that you can only work 20 hours per week in term time

bear in mind than on-campus work is likely to pay a pittance

ALSO - going to school may just be delaying the inevitible - what will you do after the course is over?

I would say your only real option at this point is to get married to a USC

Elvira

Boy, can I identify with this statement!

I'm afraid I can't help you with any specific advice other than - as others have said - talk to your boss and try and find out what he *really* wants to happen.

Also, I'm a little surprised that you are being asked to pay for the job advertisement. Are you saying that you are having to fund the advertisements that are aimed at finding a replacement for you - or did I misunderstand that bit?

Good luck!

anotherlimey

I think she is providing the money for required job advertisements needed as proof the company tried to hire US staff.

Forgot to mention, good luck Lesley, I hope everything turns out OK.

-tom

AdobePinon

Lesley, I think he owes it to you to be straight with you on this one, so a heart-to-heart is justified. What he's doing is pretty much considered standard practice, but there are a couple of things that sound dodgy (possibly because he seems to be in new territory with this):
1. You really shouldn't know anything about the other applicants. That knowledge would look very bad if the procedure was questioned. (But setting up the job description for you, and checking it with you, are OK - the firm has a right to hire someone who meets their desired qualifications.)
2. You should not be paying anything for this other than the standard fees owed to BCIS that cannot be paid by the employer. First, your employer should be paying for the process anyway. Second, you don't want BCIS to accuse you of trying to buy your way in.

Anyway, good luck with that, and (like someone else said) keep trying other employment avenues regardless.

BritGuyTN

problem being is that if the employer had to pay for the process, it is likely he would be less willing to go through the hassle of the process

time is money and the time the employer is giving lesley is probably his payment towards the process (in his eyes)

when i got my l1, the employer needed me on board but was unwilling to put up the $7,000 required for legal counsel, theory is one thing, reality is often another

Elvira

Legal counsel, sure - but having to pay for the advertisements??? Surely this isn't usual - and could even be interpreted as an attempt of buying her way in (as someone else has said...)

Lottie

Hi Leslie

Can't offer any practical advice, just <<<< big hugs >>>> and alcohol .

Lottie

Lesley1020

Thanks for the thoughts/advice folks

I have had a sort of "heart to heart" with them.. and his general attitude is lets just wait and see how it goes - we want to help but I am scared of the INS... LOL. Joking aside, as someone correctly said, they are totally new to all this and in reality, they are just trying to help me stay, mainly because they know I am getting the medication here that I can't get at home.. and know how important it is to me for that reason, amongst others... I am paying for the whole process myself.

I have put things on hold with the lawyer for now and am going to have a think about things this week. I am fast running out of positive thinking though - even I know when I am flogging a dead horse - but then again, for two years I listened to people tell me I would never get here and I did... I think a couple of glasses of wine will help for now !

Lesley1020

Thanks I talked to Southwest Tennessee Community College and they are $8,049 for the full year (excluding summer school)... they have 2 yr associate degree programs (and also 1 yr "certificates" that they currently have foreign students enrolled in ). They didn't mention any other rate other than the out of state / foreign - I just assumed that the fact that I have lived here for some period of time wouldn't make any difference - I may look into that....

It is actually a conceivable thought now, since my b/f and I are just not ready to jump into marriage right now... but really want to be able to see how things go.. I guess it might buy some more time from that POV, not to mention allow me to get the medicine for another year or two.

franc111s

So, is this job unique to you or are there likely to be candidates and he's trying to bypass the process? Not judging, just interested.

If he's scared of the INS then perhaps he's justified since he believes he's manipulating there system.

In addition, does he realise there will be more of this with renewals and GC processes ? Perhaps he does.

Last but not least, pasify him. If you have to go somewhere else, very shortly PERM is going to kick in and it is my understanding (ready to be corrected) that PERM makes it MUCH toucher if the job / employee to not have a unique boni-fide match.

Views ?

AdobePinon

Everyone 'bypasses' the system, whether or not the job is truly unique. Plus, if you put enough stuff in the job description, you can always find grounds to disqualify the other candidates.