scrubbedexpat091

Could be worse, could be doing the same in Vancouver, Canada and have less spending power, 45,000 USD$ goes further in NYC then 45,000 CAD$ does in Vancouver.

Awesome Welles

I empathize with some of this.

I was transferred to the US on an L-1A to establish a US subsidiary of the company I worked for in the UK. I was assured that a Green Card would be petitioned as soon as it was established that the US business was viable and self-sustaining. I was also enticed with a bonus structure that was based on a variety of milestones pertinent to the business as it grew.

The business did indeed grow and is now the market leader buy a huge margin. This success wasn't all down to me - but a lot of it was. I hired the right people, put the right processes in place and exploited the weakness of our competitors.

Sadly, the owner of the business proved himself to be a selfish, petulant arsehole with less integrity than your average weasel. His view was that permanent resident status would give me choices and options that he didn't't want me to have - so reneged on the petition - saying that they'd apply for an E2 for me when my L1 (+extension) expired. That was my cue to quit.

His action essentially cost him his most senior and successful (in terms of sales) overseas director and gained him a competitor who had intimate knowledge of all of the weak-points, skills gaps and technical deficiencies - and because he was SO paranoid about putting anything in writing, I had no contract of employment or restrictive covenant. He still tried to sue me of course (and lost).

Thankfully, I'm no longer involved in that industry and have been a USC for several years - but it is true that employment based visas are very easily exploitable by sketchy employers.

robtuck

The key though is that they are indeed employment based - you are getting the opportunity, potentially of a lifetime, because of your employment with that business at that moment in time. In the instance above, my bet is the owner will have managed to annoy you in another way if not this, assuming of course he was everything you said he was.

My view is that I am here on a temporary Visa - I will be pushing for the Green Card, but it is their choice at the end of the day. It may last 2 years, it might be 7, it could be forever. The reality is that had I remained in the UK, by now I'd be moving employers anyway, potentially closing this opportunity for an extended period of time. Do they hold all the cards, no, just some important ones. I can choose at any time to leave them, I balance my future career goals and my family against the loss of the opportunity to experience life in the USA. It's always a balance. I rely on the fact that I believe I offer good value to them as an employee - they can of course decide at any moment that I m not what I believe I am!

Ultimately, I am here because of my employer, I accepted that before I came.

britinusa777777755

That is rough, sorry to hear that. What I find is that the power balance is overwhelmingly in the employers favor when a visa/sponsorship is involved. Not everyone is prepared for the drop in power when becoming a visa holder. Not all employers abuse this power of course, but they could if they wanted to.

As an employee you can “feel” this is the case, more so than it would be for a USC in the USA or a British citizen in the U.K.

britinusa777777755

Sounds like you have accepted that your employer has the upper hand and you are ok with that in order to stay in the USA.

I would do the same as you, if my alternative was going back to a third world country. However you are from England. I wouldn’t be afraid of “having to leave” one bit.

For what it’s worth, I am only getting the green card because I said I’d quit otherwise and go back to the U.K.. This was over 1 year ago. I wasn’t afraid of leaving one bit, turned out the company would rather get an extra 2 years of employment from me in exchange for the green card.

Perhaps you can use the same tactic?

robtuck

I am perfectly happy with the situation - it as as a result of me advising my company that I was going to be seeking a new role elsewhere that they spoke to me and we discussed the mutual benefits of moving to the USA, something I had always had a hankering to try out. I'd happily remain here, but I'd also not see it as a problem if I had to return - the company has every right to revoke my access to the USA, just as I can advise them I'm off whenever I fancy - and with the move to the USA my notice period is much smaller than it was before (used to be 6 months! which was a double edged sword).

I see things as thus, working for a company means you are at their whim, believing otherwise is a fallacy. If that is an issue for me, I can start my own business, but I prefer the risk/rewards of employment over self employment.

My company was in fact recently sold to a private equity firm, which did prompt me having the Green Card discussion, just to provide options should I need/wish to pursue them. For now, it actually presents wider opportunities for me - my role is new to the USA business I am in, and the group doesn't have a "me" as yet. This was considered when we chose to move here - I knew how the company was set-up and the potential for development in what I do. can they source a "me" here - yes, but it's tricky - the size of the business is not sufficient to tempt those doing it well, so they'd more likely have someone who is up and coming, more risky. They knew that as well, another reason I am here.

It's all to do with perspective - I see the positives and understand the risks. If all i get is 3 years of life experience from this, it will have been worth it and Swindon can have me back. As you say, I don't have a 3rd world country to return to - so even the worst case scenario for me and my family is not that big a thing to be worried about in the grand scheme of things.

Steve_

Yeah I've pointed this out on here several times, most recently in the immigration section when I was explaining the two-year rule for when you actually get LPR status, if in fact you do.

Working on a work permit, especially H-1B, absolutely stinks and it's not because the company you work for is crap, it's because it has all kinds of stupid rules and restrictions. Namely you have to stay in the same job doing the same thing in the same place for 3 years and then you can get a supposed promotion, then if you actually get an I-140 filed and get LPR status, you have to stay in the same job doing the same thing in the same place for another two years otherwise you technically violate the labor certification.

And all the time you worry about getting fired or the company going bust because if that happens you have to leave.

L-1 isn't quite as bad because it doesn't have as many restrictions. H-1B it's endless, certain number of hours, certain salary limit, certain job description, certain place you have to work and on and on. And it's even worse now because "H-1B" has become a dirty word, back when I did it no-one really knew what it was.

Steve_

Exactly, except in my case he was such an arsehole the company went bust so I didn't even get a return plane ticket.

Mjdee86

Is this true though? I keep seeing this statement all over the forum. So much so, that I posted my own thread asking the question:

Changing employers on H1B

It appears that you can change jobs on H1B. So I'm struggling to see this idea that you're "trapped"? Surely, if you are desperate to leave your employer, but want to remain in the US, you simply find another US employer willing to petition to switch your H1B to them?

mrken30

Quite the opposite in some case. My employer postponed the raises of the USCs in order to give the H-1B employee a raise. The H-1B now earns around 15% more than the USCs.

chawkins99

Most US employers know little-to-nothing about US immigration. Finding another employer willing to petition is far from simple.

See this recent thread:
advice needed on moving to US with criminal record..

He had a couple of potential job offers but neither company really knew the process and costs. Even looking beyond the criminal conviction complication.

Octang Frye

I often describe it as indentured servitude a la Pirates of Penzance
There's truth to your words. If you take it the extreme, we're all slaves. That house you own free and clear? The land?
You don't own it. You're just leasing it from the government. Stop paying your taxes and see what happens.

PootleK

Haha, I've also been there, done that. You shouldn't ever wish to work for Barclays, your wish might come true!!

christmasoompa

Holy thread resurrection Batman!

chawkins99

We've had older threads raised from the dead. Plus it shows newbies are actually reading the old threads instead of just posting a new question that's been answered a thousand times before.