I have being working in US (Bay Area) for a major Tech Company for last 3 yrs. They filed for my PERM in Aug 2008 but there have being few rounds of layoffs since then. This resulted in RFE on the PERM in May 2009 to which the company replied promptly. Since then there has being no response. Also, it seems my company cannot file any fresh Labour till June 2011 (because of sale of some products which results in involuntary transfer of employees ? something consider as equivalent to layoffs according to USCIS). So, my case has being kind-of stuck.
My 6 yrs on H1B will complete in Jan 2012 (and may be I can recapture 3-4 months more because of vacation/stay outside US). At this point, I am thinking of my options:
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Should I be changing jobs and asking the new employer to start with GC rightaway.
Continuing with the current employer and hoping that RFE clears and I get extension. If it doesn?t clear, I will have to take a transfer to India.
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Going to India isn?t a big deal but then my wife (who also works) has to move.
Returning back to US after one yr on a new H1B would depend on my employer ? not sure how hard can I negotiate?
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Is there any other option??
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Requesting readers to please respond as your insight/thoughts will help me greatly.
Seeking Advice with a peculiar Job situation
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deeppurple
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PeterGriffin
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Seeking Advice with a peculiar Job situation
OP
First of all, your company cannot apply for a fresh PERM as you can have only one labor petition in process per employee. So, you will have to look for another employer to kick off another process. Moreover, you experience with your present employer can be used with your new employer which could add to your case being approved.
You still have about 1.5 years on your H1B which is a good buffer to look for another job and start the new GC process. My suggestion to you would be to look for a new employer who would be willing to do your GC. I don't know what your field of work is but the market gradually opening up should help your chances of getting the employer that you want. Bear in mind that you may have to move *if* you land up with such an offer and this could affect your wife's employment. So, there are several things to consider before you make a decision.
Good luck.
First of all, your company cannot apply for a fresh PERM as you can have only one labor petition in process per employee. So, you will have to look for another employer to kick off another process. Moreover, you experience with your present employer can be used with your new employer which could add to your case being approved.
You still have about 1.5 years on your H1B which is a good buffer to look for another job and start the new GC process. My suggestion to you would be to look for a new employer who would be willing to do your GC. I don't know what your field of work is but the market gradually opening up should help your chances of getting the employer that you want. Bear in mind that you may have to move *if* you land up with such an offer and this could affect your wife's employment. So, there are several things to consider before you make a decision.
Good luck.
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deeppurple
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Seeking Advice with a peculiar Job situation
the strange part is I have a bunch of things going on in my personal life -- expecting a baby in a few months. Though not much, but there are 16K worth of stocks which will vest by end of this yr -- these are holding me to make the move to new place.
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deeppurple
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Seeking Advice with a peculiar Job situation
One of the things that seems possible is to ask for an expat position in India while I need to be out of US for 1 yr (after finishing 6 yrs on H1B). After one year of stay in India, I will have to get them to file for a new H1B. Please note that my company (a tech major) has a development center in Bangalore. The catch is that currently they badly need developers like me to give a major deliverable in next few months. I fear if they would get me to sweat now for some "promise" which they might not keep or may be change the terms later. As I mentioned earlier, the screwup/AUDIT with my PERM happened because of layoffs in the company.
Has anyone dealth with something similar with their employer? How do you get a better way to deal with them ( may be getting it in writing etc)?
Another option is to do what Comment#2 mentions - i.e. find a new employer and get them to file PERM as soon as I join them. But then this has its own unknowns and some risks.
for the put me
Has anyone dealth with something similar with their employer? How do you get a better way to deal with them ( may be getting it in writing etc)?
Another option is to do what Comment#2 mentions - i.e. find a new employer and get them to file PERM as soon as I join them. But then this has its own unknowns and some risks.
for the put me
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direstraits88
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Seeking Advice with a peculiar Job situation
You need to decide if that 16k options is worth the risk. If there were layoffs in your group, your PERM process may be in jeopardy..
One more option is to find an employer willing to apply for your GC and you joining them based on PERM approval. Even if you have a PERM approval, you are looking at another 5 years to get your GC. In the current toxic political climate, there's no hope for any sudden miracle to capture unused quota from past years.
A body shopper may be option for you if you are willing to spend that 16k to start another GC process at a different location altogether(Not in CA).
And don't delay your decision (unless it's r2i as a internal transfer). The 1.5 years will fly like that.. With a kid on the way, you won't have much sleep and not much time to figure out your next move.
As far as promises.. nothing is guaranteed unless the INS approves it. (GC PERM or H1). And the idea of Expat.. Unless you are reporting to a EVP, it's unlikely your boss will be able to ruffle the feathers of the "power" base in India. It may start a revolt among the other desis in the Indain Dev center. Unless you are on the topnotch "most wanted list" in the HR file :-)
One more option is to find an employer willing to apply for your GC and you joining them based on PERM approval. Even if you have a PERM approval, you are looking at another 5 years to get your GC. In the current toxic political climate, there's no hope for any sudden miracle to capture unused quota from past years.
A body shopper may be option for you if you are willing to spend that 16k to start another GC process at a different location altogether(Not in CA).
And don't delay your decision (unless it's r2i as a internal transfer). The 1.5 years will fly like that.. With a kid on the way, you won't have much sleep and not much time to figure out your next move.
As far as promises.. nothing is guaranteed unless the INS approves it. (GC PERM or H1). And the idea of Expat.. Unless you are reporting to a EVP, it's unlikely your boss will be able to ruffle the feathers of the "power" base in India. It may start a revolt among the other desis in the Indain Dev center. Unless you are on the topnotch "most wanted list" in the HR file :-)
Seeking Advice with a peculiar Job situation
Option 1: The new employer should file ETA-750 (Labor) or I-140 ( over blank labor) right away. H-1 B can then be extended beyond 6 years at 1 yr increment until a decision is made on the GC.
Ideal will be a consulting company or industry leaders (Oracle, Google, Intel, MS) that can stand for next 5 years and you have the skill set to hang on.
The downside is your clock starts over.
Option 2: Is risky, because the new H-1B could get into a lottery scheme if the demand is high.
Option 3: The H-1B can be extended in 1 yr increment (I-129) until a decision is made on your GC, as long as 365 days have passed filing labor or I-140 (your case).
If I were you, I'll consult the best immigration lawyers ( Sheila Murthy, Rajiv Khanna west coast equivalent) and explore my options.
End of the day all comes down to the decision on your GC. A good lawyer (outside of your company) can objectively evaluate the case and provide alternatives.
Ideal will be a consulting company or industry leaders (Oracle, Google, Intel, MS) that can stand for next 5 years and you have the skill set to hang on.
The downside is your clock starts over.
Option 2: Is risky, because the new H-1B could get into a lottery scheme if the demand is high.
Option 3: The H-1B can be extended in 1 yr increment (I-129) until a decision is made on your GC, as long as 365 days have passed filing labor or I-140 (your case).
If I were you, I'll consult the best immigration lawyers ( Sheila Murthy, Rajiv Khanna west coast equivalent) and explore my options.
End of the day all comes down to the decision on your GC. A good lawyer (outside of your company) can objectively evaluate the case and provide alternatives.
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deeppurple
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Seeking Advice with a peculiar Job situation
I am wondering if anyone evaluated applying for UK highly skilled Visa ( tier 1 which seems to be a replacement of HSMP). I am thinking that it could be another option after 6 yrs of H1B are complete in US and extension doesn' come thru .
This would be more of a backup plan. A quick check reveals that I have the minimum points required for tier 1. Do we know how long does it take to get this Visa and what's the process around it? Also, after getting the Tier 1 Visa for UK, how soon will I have to join?
I could start a new thread on tier1/ HSMP Visa as a backup option when H1B expires, but still holding on to it here.
This would be more of a backup plan. A quick check reveals that I have the minimum points required for tier 1. Do we know how long does it take to get this Visa and what's the process around it? Also, after getting the Tier 1 Visa for UK, how soon will I have to join?
I could start a new thread on tier1/ HSMP Visa as a backup option when H1B expires, but still holding on to it here.
Seeking Advice with a peculiar Job situation
Getting into UK is now next to impossible! This was even highlighted in the presidential debate few days back.
Its too much of a hassle for an employer to justify they really need non-EU people for a specific skill, I think it'd be difficult to get an employer to get who does this.
Off-late lotta bodyshoppers have been fined heavily [also shown this on National TV] who bring foreign workers when talent is locally available.
Its too much of a hassle for an employer to justify they really need non-EU people for a specific skill, I think it'd be difficult to get an employer to get who does this.
Off-late lotta bodyshoppers have been fined heavily [also shown this on National TV] who bring foreign workers when talent is locally available.
Seeking Advice with a peculiar Job situation
OP, you have enough time (6 months or so considering you have 2 years on H1-B left including recapture) in your hand to look for an employer in Bay area who is willing to do your GC. Another thing is USCIS is right now processing PERM audits for applications filed during May '08, so your decision will soon come within a couple of months. I suggest you wait for a couple of months until you hear about your audit and then decide whether you would like to shift to a new employer. In the mean time you can start building contacts and network for your future move.
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deeppurple
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Seeking Advice with a peculiar Job situation
cnu;293203Getting into UK is now next to impossible! This was even highlighted in the presidential debate few days back.
Its too much of a hassle for an employer to justify they really need non-EU people for a specific skill, I think it'd be difficult to get an employer to get who does this.
Off-late lotta bodyshoppers have been fined heavily [also shown this on National TV] who bring foreign workers when talent is locally available.
I was thinking that an individual can sponsor this own visa to UK (using tier 1) and then after reaching UK, search for jobs. Is that not practical or has anyone done similar?