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-   -   Phew, wish I could turn the clock back... (https://britishexpats.com/forum/usa-57/phew-wish-i-could-turn-clock-back-677854/)

traceym Jul 22nd 2010 10:40 pm

Re: Phew, wish I could turn the clock back...
 
I'm so sorry, it must be so hard.
:drinkwine: heres one from me.

Mummy in the foothills Jul 22nd 2010 11:25 pm

Re: Phew, wish I could turn the clock back...
 
Mmmm Baileys.
Hugs to you sueanne it's the same all over.

N1cky Jul 22nd 2010 11:28 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by sueanne (Post 8721450)
We have been here for 6yrs, still no GC after 3yrs and most likely not until another 1-2yrs. I cant work on this devil visa, my hubby works but the company are struggling so his wages have been dropped 9k per year. They also say he has to now pay for his own h1b visa costs that run out in August. We bought our house at the peak, paying 560k and putting in over 300k in cash after we sold everything in UK...our mort payments were so high we had to refinance so now due to property values our home is valued at approx 270k so have lost everything we worked for all our life...we cant claim homestead, we have to keep renewing our driving licences every year, no medical at the company and the house insurance is a ridiculous price as we live in southwest florida. OH HOW I WISH I COULD TURN THE CLOCK BACK ....
Just feeling fed up and very very peed off - need to get it off my chest !!

What an awful situation to be in, hope things get better for you.

I mix baileys into creme fraiche to go on my dessert, thus dealing with the eating or drinking problem.

Awesome Welles Jul 23rd 2010 1:36 am

Re: Phew, wish I could turn the clock back...
 

Originally Posted by sueanne (Post 8721619)
No Dunroving, this is the cost to renew my hubbys H1B, they have paid it up to now but because the company is struggling (which is their own fault as they are rude obnoxious owners) my hubby has been told that he will have to pay for costs to renew the visa that runs out in August 2010. Yes they should pay it but they wont so we have no choice but to pay it ourselves. GRRRR....!!!! Nasty bits of work

You need to be very, very careful here. The petition renewal has to be seen to be driven (and paid for) by the petitioner, not the beneficiary.
The payments for the filings need to be seen to be coming from the employer. You are going to run into bother if you are perceived to be funding your renewal.
Additionally, H1B employers MUST pay prevailing rates - they are not allowed to use this visa as a means to pay less than the going rate for the position.
Unfortunately, going through a "rough patch" is not deemed as an excuse to chisel the beneficiary's remuneration.
The reality is that if they can't afford to pay the going rate and pay for the administration of the visa, they will likely be judged as not being able to afford to sponsor him, which could mean even more bad news for you, I'm afraid.
Get advice, because you could be on a really sticky wicket here, from what you've shared.

sueanne Jul 23rd 2010 1:51 pm

Re: Phew, wish I could turn the clock back...
 
Oh, thank you Awesome, yes we will get advice but sure the owner is paying and then taking it off his wages weekly. Certainly will show my hubby this post and get advise.

lisag8070 Jul 23rd 2010 3:26 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by Awesome Welles (Post 8721918)
You need to be very, very careful here. The petition renewal has to be seen to be driven (and paid for) by the petitioner, not the beneficiary.
The payments for the filings need to be seen to be coming from the employer. You are going to run into bother if you are perceived to be funding your renewal.
Additionally, H1B employers MUST pay prevailing rates - they are not allowed to use this visa as a means to pay less than the going rate for the position.
Unfortunately, going through a "rough patch" is not deemed as an excuse to chisel the beneficiary's remuneration.
The reality is that if they can't afford to pay the going rate and pay for the administration of the visa, they will likely be judged as not being able to afford to sponsor him, which could mean even more bad news for you, I'm afraid.
Get advice, because you could be on a really sticky wicket here, from what you've shared.

the way some cheecky beggers work it is that yes the company pays for the H1B renewal and sends all the relevant docs off...and can prove that the payment came from the company...then the wankers turn around and deduct the amounts from your salary..

We know what they Should do by law..but unfortunately there are some companies out there that will make you pay..sucks big time but it does happen.

but I do agree with getting some advice..the company will be able to walk away from this with their hands clean if anything goes wrong, whilst its the employee that gets stiffed by USCIS and may become out of status and has to leave asap.

sueanne Jul 23rd 2010 3:33 pm

Re: Phew, wish I could turn the clock back...
 
Yes Lisag Im sure there are plenty of companies out there doing that......and If I knew what I know now there is no way I would have ever considered moving to USA, sounds like sour grapes on my part - maybe it is...but I never thought it would take this long for me even to be able to work. I have been offered 3 jobs illegally but not worth getting caught but GOD WE NEED THE MONEY RIGHT NOW TO KEEP OUR MORTGAGE AFLOAT especially as they have cut my hubby's wages down by 9k. Im so tempted to go and look for a waitress job even to help......just dont know what to do.
What pisses me is that students of my hubbys can be here, meet a american girl, get married and hey presto GREEN CARD - and that has happened.

Octang Frye Jul 23rd 2010 3:50 pm

Re: Phew, wish I could turn the clock back...
 
AC21

lisag8070 Jul 23rd 2010 3:59 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by sueanne (Post 8723261)
Yes Lisag Im sure there are plenty of companies out there doing that......and If I knew what I know now there is no way I would have ever considered moving to USA, sounds like sour grapes on my part - maybe it is...but I never thought it would take this long for me even to be able to work. I have been offered 3 jobs illegally but not worth getting caught but GOD WE NEED THE MONEY RIGHT NOW TO KEEP OUR MORTGAGE AFLOAT especially as they have cut my hubby's wages down by 9k. Im so tempted to go and look for a waitress job even to help......just dont know what to do.
What pisses me is that students of my hubbys can be here, meet a american girl, get married and hey presto GREEN CARD - and that has happened.

I feel your pain, I really do..we had to leave the US because our Visa was running out and the company told us they wouldn't be renewing it, which is fair enough...things were tough (our wage had been reduced to) and at least they gave us a year's heads up, unlike some other poor sods that we knew.

We had to sell the house as a short sale..and obviously it went for a lot less than what we owed on the mortgage and we sold everything else and came back home..we were waiting on the green card as well but the wanker company lied to us and we were nowhere near getting the GC..so no other avenue was available to us so that was the end of that..

At the end of the day for me personally, (in hindsight) we should never have bought the house..but again we only did it because we thought were getting our GC 'real soon':rolleyes: because when your on a visa, your only allowed to stay in the US for an allotted amount of time as a visitor but we got complacent before we got the GC and honestly thought it wouldn't be a problem if anything went wrong anyway, as the house would sell if need be in a matter of months..then the economy went down the toilet..talk about timing..

I really hope your situation turns around I really do, but you also need to have a backup plan..just incase..:fingerscrossed:

lisag8070 Jul 23rd 2010 4:00 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by Octang Frye (Post 8723292)
AC21

you clever little monkey you..

E3only Jul 23rd 2010 4:02 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by sueanne (Post 8721450)
We have been here for 6yrs, still no GC after 3yrs and most likely not until another 1-2yrs. I cant work on this devil visa, my hubby works but the company are struggling so his wages have been dropped 9k per year. They also say he has to now pay for his own h1b visa costs that run out in August. We bought our house at the peak, paying 560k and putting in over 300k in cash after we sold everything in UK...our mort payments were so high we had to refinance so now due to property values our home is valued at approx 270k so have lost everything we worked for all our life...we cant claim homestead, we have to keep renewing our driving licences every year, no medical at the company and the house insurance is a ridiculous price as we live in southwest florida. OH HOW I WISH I COULD TURN THE CLOCK BACK ....
Just feeling fed up and very very peed off - need to get it off my chest !!

Sorry to hear that. Well I hope it's all positive from here. The house price situation is not the first I have heard so you are not alone. Of course easier to say but can only offer kind words and prayers!

That long for GC card? I thought Poms could get GC's quicker even under EB3?

Also, the company is playing smart - they know it's either the job (i.e. pay urself) or go home. . .

Anyway, I hope you get the GC soon. You guys are not even close to getting your EAD? Bit strange.

Oh and yes, dont even think of illegal work if you think you are going to be here longer term. I understand your situation but just not worth it mate.

Good luck!

retzie Jul 23rd 2010 4:12 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by Awesome Welles (Post 8721918)
You need to be very, very careful here. The petition renewal has to be seen to be driven (and paid for) by the petitioner, not the beneficiary.

Is this a legal requirement? Is it specifically for petitions, or any legal costs incurred for the preparation of 'employer side' documents (eg. LCA)?

Yes, I have a specific set of circumstances in mind (my own,) but am mainly just after a reference and don't want to hijack...

lisag8070 Jul 23rd 2010 4:13 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by E3only (Post 8723323)
Sorry to hear that. Well I hope it's all positive from here. The house price situation is not the first I have heard so you are not alone. Of course easier to say but can only offer kind words and prayers!

That long for GC card? I thought Poms could get GC's quicker even under EB3?

Also, the company is playing smart - they know it's either the job (i.e. pay urself) or go home. . .

Anyway, I hope you get the GC soon. You guys are not even close to getting your EAD? Bit strange.

Oh and yes, dont even think of illegal work if you think you are going to be here longer term. I understand your situation but just not worth it mate.

Good luck!

nope, no special treatment for us Poms

E3only Jul 23rd 2010 4:17 pm

Re: Phew, wish I could turn the clock back...
 

Originally Posted by lisag8070 (Post 8723346)
nope, no special treatment for us Poms

http://www.hooyou.com/visabulletin/index.html

I am guessing then it's EB3.

sueanne Jul 23rd 2010 5:05 pm

Re: Phew, wish I could turn the clock back...
 
Lisag, sorry to hear about your situation, you know exactly how we are feeling at this time then. It wouldnt be so bad if we had youth on our side, we are both in our mid 50's and had saved all our life for our retirement days.
Do you feel happier now being back in the UK ?


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