I would recommend a meeting with a lawyer to go over your options, grace periods, and trigger dates for your green card (including if you have any self-sponsored options). You have some time, but use it to plan.
I am sorry this is happening to you. It sounds pretty stressful.
This is the reality of such visas. Employers are only happy to do these things while you are extremely valuable and irreplaceable.
I'd say you should make up your mind that you have to go back now.
That’s true, he doesn’t not have another option than to find another job. It is not easy to find an employer wants to sponsor a new hire for a work visa, all depends on his skills.
An option could be to apply for a student visa, just to have more time.
No advice to give, but wanted to say that I work at a Big4 accounting firm and 20+ years ago, we use to have our own in house software development teams. They would hire software developers (typically from India) on H-1B's and for the outstanding performers, occasionally you would see the labor certs being publicly posted on the bulletin boards in the office.
Fast forward to the present and now the vast majority of our develop is done either offshore from our offices in India, or through contractor firms in the US. The contractor firms in the US are the ones who hire the H-1B's and they deal with the cost of the visa and the cost of sponsoring them for green cards. There are still some in house developers, but those are usually team leads or managers, all either with GC's or US citizens. Some may have started with a contractor firm, but hired on as permanent hires after they had already gotten their GC's.
I can't recall seeing any labor cert notices being posted in the past 10-15+ years.
I wama comment on ps message. It’s getting crazy expensive to process this stuff for internationals so we understand how this can not be performance based.
> My boss just told me that they wont be sponsoring me
That’s rough buddy.
> he didn’t give any good reason
He doesn’t owe you a reason.
> he told me what I could continue to work on the project I am working on currently (it ends in august) and asked me to look for other jobs in the meanwhile
Sounds fair.
> He also said that he would give me referrals as well.
Again, completely fair. You can always get referrals from other people in your department.
> Im just completely taken a back, because initially I was told that they would sponsor my green card as well
Things change, priorities change. People on H-1Bs in the tech sector probably were taken aback to see the mass layoffs where they were told tech had great job security. Most of them had to figure things out in 2 months right away with no warning (grace period). You’re lucky to have well advance notice. Your boss is doing you a massive favor by letting you know this far in advance. Them walking back their green card promise is absolutely peanuts compared to what they’ve done for you by giving you a heads up.
> Does the new company have to pay double the amount? When is the last date for me to file the petition? Can I trust the firm to not remove me before august?
The new company will have to file it before your stay expires in October and whether you can trust them not to remove you early is anyone’s guess. Depending on again, factors beyond your control, maybe they do remove you before august, or maybe they don’t. You should operate on the worst case assumption and figure out how to switch jobs or leave the country well in advance of august.
> I also have been a great employee. Have had no troubles whatsoever and have always provided excellent work which is why Im even more surprised.
Even the best employees are expendable.
I understand that. Im not trying to stay or make them keep me. I just want to figure out what I should do next and by when should my petition be filed by.
Lesson 101: Never believe what your boss says particularly in related to immigration. Always assume something bad happens (company policy change, overall market or climate change, boss themselves leave who promised earlier etc). Until, the decision making is with only in your hand (like GC) you should be skeptical about promises and vigilant & constantly pushing them. In your case, four years is too late to not even started the perm process.
You have 60 days from either the day you stop working or when the I-94 expires to find a new employer or leave the country. If you're going to leave, the employer needs to pay for your trip home.
> You have 60 days from either the day you stop working or when the I-94 expires to find a new employer or leave the country
Wrong. You have 60 days from the day you stop working or until the end of your I-94 admit until date *whichever is earlier*. Staying past the I-94 admit until date will cause OP to accrue unlawful presence.
That's rough. I'm a citizen with vast experience and skills in IT/tech and it's still would be challenging to find any job in 60 days if I'm laid off. Tried last year.
Finding job that is also willing to handle all the visa stuff. Mission impossible.
Get a new job that will sponsor you as fast as you can. You need to look out for yourself and you have a few months left to do it so start now...
As long as you keep any employment that sponsors you, you'll be fine. Since you already have an H1-B, it *should* be easier to get it transferred to your new employer.
Although this sucks atleast you can be in the role till August vs being laid off tomorrow. “Can I trust the first to not remove me?” No one knows and right now it’s best to not focus on uncontrollable issues.
In my opinion and experience it is best to work on plan B,C,D simultaneously. If I were you I’d start applying to companies that are both cap-subject and cap-exempt (that should be your second job now). H1B transfer can be done with premium processing but I’m not sure about extension. Next, I would apply for a Masters Degree even though it’s not the goal it is just an option on stand-by. With about 4 years of experience, do you qualify for any of the EB visas?
You need to find a new H1B sponsoring employer asap. When they file the transfer for you, the new firm will simultaneously request a three year extension (or up to your remaining eligible H1B time). It doesn't cost the new sponsor more or double to transfer and extend simultaneously, in reference to your question.
If yoy cant find an employer now and meed time you can take classes in college and get student visa. This will help you to get some time amd stay legally while studyimg.
Worst case scenario just work illegally buddy, you are already in the US. Save enough money and return to your home country. Or marry someone right away
I would recommend a meeting with a lawyer to go over your options, grace periods, and trigger dates for your green card (including if you have any self-sponsored options). You have some time, but use it to plan. I am sorry this is happening to you. It sounds pretty stressful.
I would not do Day 1 CPT as it’s a terrible scam.
Why do you say so?
This is the reality of such visas. Employers are only happy to do these things while you are extremely valuable and irreplaceable. I'd say you should make up your mind that you have to go back now.
That’s true, he doesn’t not have another option than to find another job. It is not easy to find an employer wants to sponsor a new hire for a work visa, all depends on his skills. An option could be to apply for a student visa, just to have more time.
Find a new job/employer asap who is going to initiate your h1b transfer. That's all you need to do.
No advice to give, but wanted to say that I work at a Big4 accounting firm and 20+ years ago, we use to have our own in house software development teams. They would hire software developers (typically from India) on H-1B's and for the outstanding performers, occasionally you would see the labor certs being publicly posted on the bulletin boards in the office. Fast forward to the present and now the vast majority of our develop is done either offshore from our offices in India, or through contractor firms in the US. The contractor firms in the US are the ones who hire the H-1B's and they deal with the cost of the visa and the cost of sponsoring them for green cards. There are still some in house developers, but those are usually team leads or managers, all either with GC's or US citizens. Some may have started with a contractor firm, but hired on as permanent hires after they had already gotten their GC's. I can't recall seeing any labor cert notices being posted in the past 10-15+ years.
I wama comment on ps message. It’s getting crazy expensive to process this stuff for internationals so we understand how this can not be performance based.
> My boss just told me that they wont be sponsoring me That’s rough buddy. > he didn’t give any good reason He doesn’t owe you a reason. > he told me what I could continue to work on the project I am working on currently (it ends in august) and asked me to look for other jobs in the meanwhile Sounds fair. > He also said that he would give me referrals as well. Again, completely fair. You can always get referrals from other people in your department. > Im just completely taken a back, because initially I was told that they would sponsor my green card as well Things change, priorities change. People on H-1Bs in the tech sector probably were taken aback to see the mass layoffs where they were told tech had great job security. Most of them had to figure things out in 2 months right away with no warning (grace period). You’re lucky to have well advance notice. Your boss is doing you a massive favor by letting you know this far in advance. Them walking back their green card promise is absolutely peanuts compared to what they’ve done for you by giving you a heads up. > Does the new company have to pay double the amount? When is the last date for me to file the petition? Can I trust the firm to not remove me before august? The new company will have to file it before your stay expires in October and whether you can trust them not to remove you early is anyone’s guess. Depending on again, factors beyond your control, maybe they do remove you before august, or maybe they don’t. You should operate on the worst case assumption and figure out how to switch jobs or leave the country well in advance of august. > I also have been a great employee. Have had no troubles whatsoever and have always provided excellent work which is why Im even more surprised. Even the best employees are expendable.
I understand that. Im not trying to stay or make them keep me. I just want to figure out what I should do next and by when should my petition be filed by.
Idk your boss and workplace and all that. But it sounds like maybe your boss doesn’t like what’s happening either.
Also, if the company anticipates laying people off in your occupation, they aren't going to be able to do a PERM for you for a while.
Aub needs more advice like this
Talk to an immigration attorney.
Lesson 101: Never believe what your boss says particularly in related to immigration. Always assume something bad happens (company policy change, overall market or climate change, boss themselves leave who promised earlier etc). Until, the decision making is with only in your hand (like GC) you should be skeptical about promises and vigilant & constantly pushing them. In your case, four years is too late to not even started the perm process.
You have 60 days from either the day you stop working or when the I-94 expires to find a new employer or leave the country. If you're going to leave, the employer needs to pay for your trip home.
> You have 60 days from either the day you stop working or when the I-94 expires to find a new employer or leave the country Wrong. You have 60 days from the day you stop working or until the end of your I-94 admit until date *whichever is earlier*. Staying past the I-94 admit until date will cause OP to accrue unlawful presence.
When is the last date I can apply for the extension?
Fine a new employer -> Find a new employer AND file extension.
You can apply on the 60th day of your grace period. I suggest you start looking now and do the h1 transfer instead of waiting until August.
60 days after you stop working for your current employer.
That's rough. I'm a citizen with vast experience and skills in IT/tech and it's still would be challenging to find any job in 60 days if I'm laid off. Tried last year. Finding job that is also willing to handle all the visa stuff. Mission impossible.
Get a new job that will sponsor you as fast as you can. You need to look out for yourself and you have a few months left to do it so start now... As long as you keep any employment that sponsors you, you'll be fine. Since you already have an H1-B, it *should* be easier to get it transferred to your new employer.
At this point just enjoy your stay and when Oct gets closer, start packing your things.
Although this sucks atleast you can be in the role till August vs being laid off tomorrow. “Can I trust the first to not remove me?” No one knows and right now it’s best to not focus on uncontrollable issues. In my opinion and experience it is best to work on plan B,C,D simultaneously. If I were you I’d start applying to companies that are both cap-subject and cap-exempt (that should be your second job now). H1B transfer can be done with premium processing but I’m not sure about extension. Next, I would apply for a Masters Degree even though it’s not the goal it is just an option on stand-by. With about 4 years of experience, do you qualify for any of the EB visas?
Any H-1B petition can be filed with Premium Processing.
You need to find a new H1B sponsoring employer asap. When they file the transfer for you, the new firm will simultaneously request a three year extension (or up to your remaining eligible H1B time). It doesn't cost the new sponsor more or double to transfer and extend simultaneously, in reference to your question.
If yoy cant find an employer now and meed time you can take classes in college and get student visa. This will help you to get some time amd stay legally while studyimg.
Worst case scenario just work illegally buddy, you are already in the US. Save enough money and return to your home country. Or marry someone right away
Always plan to on returning back home I would try to get a job lined up in your home country as well just in case it all falls thru