russinla

I'm British and have lived in California for nearly 4 years on an H-1B visa. I decided to change job to further my career, but the new employer backed out at the 11th hour (because of immigration reasons!), and now I think my current company has found out and are considering terminating my employment.

This has me worried sick, as I now see a giant hole appearing beneath me and everything I have built up in my time here disappearing into it - because from what I believe, I can only transfer my visa whilst I am still employed, and if I wish to re-apply for a visa, I can only do it from the UK.

So if the worst happens, do I have any other options, or does anyone have stories to share about having to pack up and ship out unexpectedly? I don't have anywhere to move back to in the UK, I'm single so I'm going to have to do it alone, and how the hell - and to where - am I going to ship all my stuff!

Thank you for any help.

Celsius

That's the risk you take on as an H-1B holder. As soon as you're terminated, you pretty much have to leave the US.

USCIS website may give information on how much time you have to exit the US.

Ray

Take a read of Kevins site ..lot of info there....
http://www.kkeane.com/h1b-faq.shtml

Of course this is for the OP .... not Celsius ..

Celsius

I don't have an H-1B.

Octang Frye

Hi Russ,

Don't worry unduly at this point.

How far into the immigration process are you? I assume you're doing I-485?
What I would recommend is researching the American Competitiveness in the Twenty-first Century Act (AC21). AC21 allows for portability of your visa from employer to employer. It's easy to invoke.

If the worst comes to the worst, you'll have 30 days to find another job/sponsor, after which you must leave the country. Be flexible, and be prepared to move. Work the job boards. You can find stuff if you're motivated and have a bit of luck. I did it during the recession of 2001/2002.

Good luck.

OF

russinla

OF - thanks, but no I'm not currently doing I-485. My company has been through many changes of late and I haven't forseen a future long enough with them to do an application.

Hmm - I'm starting to suspect I've made some poor choices....

Kate2112

Sorry you are having a difficult time petal. Keep your nerve, assume that your current employer knows you want to leave ,in fact bet on it (I've known prospective employers check peoples references out WITHOUT having made an offer of employment) Get job hunting on Monster.com, search your local newspapers, research jobs online. Dont let it get you down

dbj1000

What exactly is your problem, Celcius?

You've contributed nothing in your post, but managed to add to the OP's worries.

"That's the risk you take on as an H-1B holder"? Oh please! The threat of losing our jobs and being forced to leave everything we have built up in the US is something that hangs over all employment-based visa holders, but it doesn't do a damned bit of good to say that we knew the risks when we took the visa.

Russinla, I wish you the best of luck finding another employer who will sponsor you for a continuation of your H1-B. Now's the time to do as much research into your options as possible, and make sure that once you find an employer (I'm sure you will) that they'll sponsor you for a Green Card application if you want to stay in the US long-term.

Drebin

This is britishexpats.com, the aim is to depress everyone into going back to the UK. I think there's some sort of Tony Blair-invoked conspiracy going on myself.

To be honest though, it does seem standard fare round here for some reason to be as blunt and rude as you can when people are asking valid questions about big life-changing decisions.

Brits are arseholes.


Best of luck russinla, hope it all works out.

Octang Frye

Russ,

AC21 is not set in stone. Just get looking for another job. It's a fairly good market right now.

You'll be okay. Chin up!

Andy

scrubbedexpat099

To state the obvious, but a H is a temporary visa, and the OP is in the second and final 3 year period.

I must admit I always assumed that if you wanted to stay you would get on the GC track asap. Not so much something you do, but get your Employer to do. Also indicates whether you have a long term future with them, and if not time to move on and find someone who will sponsor you.

I would also recommend Ingo/Kevin's site, he seems to have disappeared after the name change.

snowbunny

I'd pursue all avenues.... look for jobs in the EU (don't limit yourself to the UK); move the immigration process further along.... if your employer asks why you were looking elsewhere perhaps you could mention that you really want green card sponsorship. Can't hurt if the subject arises anyway.

If you have a girlfriend and were already thinking about marriage.... just do it. If marriage isn't for you, or you have a boyfriend, then work harder on the above.

scrubbedexpat099

USC G/F

snowbunny

Um, yeah.