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Laid Off, Now What?

bharathpbhat.github.io

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Re: Laid Off, Now What?

#31

Post by returningfory2 »

JonLim wrote: post #22

Does the 60 day timeline include the amount of time you need to be approved for the visa, as well? I wasn't laid off, but am in the process of changing employers with my TN visa. This is probably the least smooth part of the entire interviewing/job changing process, at least from my perspective, as a software dev who doesn't have a degree in computer science or computer engineering. Wish it were all a little more tra…

> Does the 60 day timeline include the amount of time you need to be approved for the visa, as well?

No. You must start a new job within 60 days. Due to H-1B portability rules, you can start a new job as soon as your employer has filed paperwork with USCIS. The H-1B processing time doesn't count.

I recently started a new FAANG job on H-1B, and because I received an RFE it actually took nearly 3 months after starting to get the approved petition.

Re: Laid Off, Now What?

#32

Post by nrmitchi »

kinkrtyavimoodh wrote: post #10

H1B rules are quite ridiculous (or more accurately, cruel). Do people here know that even this 60-day grace window was only put into place relatively recently by the Obama administration? Before that, you technically had to leave the country the day you were laid off. Never mind that you might have a house a family and might have been living here for more than a decade. You would officially be staying illegally if yo…

> Do people here know that even this 60-day grace window was only put into place relatively recently by the Obama administration?

My worst situation dealing with this was a TN status rather than an H1B, where I was told at a border that I could be ineligible for admission to the US because I had no left the day that I was laid off from a previous position.

I had to tell the CBP officer that there was a 60 day grace period, be told that the internet isn't a reliable source of information, and wait while he discovered this information on their own. Sitting and waiting I literally overheard this person, after learning of this grace period, ask a colleague if they had ever heard of it before. This was at a major Canada/US border crossing.

It is apparently not just people on HN who are unaware of this, but also individuals charged with making US admission decisions.

Re: Laid Off, Now What?

#33

Post by returningfory2 »

kinkrtyavimoodh wrote: post #30
JonLim wrote: post #22

Does the 60 day timeline include the amount of time you need to be approved for the visa, as well? I wasn't laid off, but am in the process of changing employers with my TN visa. This is probably the least smooth part of the entire interviewing/job changing process, at least from my perspective, as a software dev who doesn't have a degree in computer science or computer engineering. Wish it were all a little more tra…

I _think_ if you have applied for Premium Processing and get the receipt, you can start working with the new employer. But please check with your employer's lawyers, as these things can keep changing and the rules are too complex for me to keep track of.

Nearly every lawyer will encourage you to wait for the receipt notice, although interestingly you only need proof that you've submitted a petition to starting working; i.e., a Fedex proof-of-sending receipt.

Re: Laid Off, Now What?

#34

Post by dragandj »

kinkrtyavimoodh wrote: post #28
mathattack wrote: post #27

Earlier quoted context omitted.

I concur that the H1B rules are awful. We should make it as easy as possible for the best in the world to come here. The laws as they stand directly abuse non-citizens for the benefit of companies, some of which are US based. The H1B holders don’t vote. The beneficiaries of a better system are more indirect, and less likely to make a case. (Most of us benefit when the best talent in the world is free to come here and…

> It seems strange to buy a house in a country that can kick you out on no notice through no fault of your own. OK, it's strange to buy a house. What about marrying and having a kid? Many H1B workers here have lived there for decades (with no realistic hope of a green card in sight). Must we stay childless because we can be kicked out on no notice? I know your statement is well-intentioned but it comes off as one of…

AFAIK, marying a citizen gives you a straight path to resident papers and, later, citizenship, in the western world, including USA.

Re: Laid Off, Now What?

#36

Post by minot »

mancerayder wrote: post #18
kinkrtyavimoodh wrote: post #10

H1B rules are quite ridiculous (or more accurately, cruel). Do people here know that even this 60-day grace window was only put into place relatively recently by the Obama administration? Before that, you technically had to leave the country the day you were laid off. Never mind that you might have a house a family and might have been living here for more than a decade. You would officially be staying illegally if yo…

> Typically it's the Democrats who are pro-immigration, but in reality they don't care much about H1B style immigration and are in fact likely against it due to American tech unions hating H1Bs, Wait, what? Tech unions? I've never seen a single union in my entire 20 year career. I was sympathetic up until you complained about that. What unions? The H1B stuff goes back and forth politically. If you ask me, if the econ…

> The H1B stuff goes back and forth politically. If you ask me, if the economy is poor then there's no excuse for encouraging immigration, especially of high paid labor. If unemployment is high, that is (and that's the part that fluctuates).

Exactly why it should be easy, frictionless, and risk-free to tell on your employer for any labor violation as an H1-B. Make it abundantly clear to the visa holder that if their employer wrongs them in any way, they will pay big time and the visa holder will a. not face any punishment b. will be handsomely rewarded for coming forward.

This is what the unions should advocate for...

Re: Laid Off, Now What?

#37

Post by lowiqengineer »

titanomachy wrote: post #26
lowiqengineer wrote: post #14

Unfortunately interviews are easy for him as an IIT and Stanford elite, so this advice is mostly just obvious.

I don't believe that. Even within the elite, there are different grades of jobs and achievement. Preparation can be the difference.

Perhaps, but no amount of preparation has been able to vault me to even close to the elite, mostly because I guess I don’t have the genes for it.

Re: Laid Off, Now What?

#38

Post by confidantlake »

paxys wrote: post #25
mancerayder wrote: post #18

Earlier quoted context omitted.

> Typically it's the Democrats who are pro-immigration, but in reality they don't care much about H1B style immigration and are in fact likely against it due to American tech unions hating H1Bs, Wait, what? Tech unions? I've never seen a single union in my entire 20 year career. I was sympathetic up until you complained about that. What unions? The H1B stuff goes back and forth politically. If you ask me, if the econ…

Every one of the numerous studies done in this area over the years has come to the clear conclusion that high-skilled immigration produces a net economic benefit to the country and its workers (here's a recent one - https://nfap.com/wp-content/uploads/2020/05/The-Impact-of-H-... ). Silicon Valley itself wouldn't exist had it not been openly attracting talent from all over the world, and the difficulty in getting visa…

The study is unconvincing. They mention that fields with more h1bs have lower unemployment. Well no kidding, in demand fields attract more h1bs, it isn't the h1bs making it more attractive.

Another problem with the study. "...the program enables employers to hire foreign workers when they cannot hire U.S. workers"

This is such a lie. My brother has looking for around a year and cannot get his first position. Past few months, looked like I might lose my job do to Covid. I spent a few months looking for a job, but couldn't find one. At the same time 70% of my coworkers are on h1b, often in their early/mid 20s. Absolutely no reason they couldn't hire a domestic worker to do the job. H1B is a scam.

Re: Laid Off, Now What?

#39

Post by mathattack »

kinkrtyavimoodh wrote: post #28
mathattack wrote: post #27

Earlier quoted context omitted.

I concur that the H1B rules are awful. We should make it as easy as possible for the best in the world to come here. The laws as they stand directly abuse non-citizens for the benefit of companies, some of which are US based. The H1B holders don’t vote. The beneficiaries of a better system are more indirect, and less likely to make a case. (Most of us benefit when the best talent in the world is free to come here and…

> It seems strange to buy a house in a country that can kick you out on no notice through no fault of your own. OK, it's strange to buy a house. What about marrying and having a kid? Many H1B workers here have lived there for decades (with no realistic hope of a green card in sight). Must we stay childless because we can be kicked out on no notice? I know your statement is well-intentioned but it comes off as one of…

I don’t intend to seem callous, so please help educate me.

If you marry a citizen, that accelerated the Green Card. If you marry a non-citizen, your situation is precarious, so why not rent rather than buy?

I’m not arguing that the rules are right. (They are clearly wrong) Just that if you’re ina precarious situation, avoid doing things that make it worse. When I lived abroad, the expats were all aware of being on borrowed time.

I think the world would be a better place in terms of peace and prosperity if people could circulate as easily as money. Unfortunately that’s not our world.

If my posts are wrong or offend I’m happy to delete them.

Re: Laid Off, Now What?

#40

Post by jrochkind1 »

kinkrtyavimoodh wrote: post #10

H1B rules are quite ridiculous (or more accurately, cruel). Do people here know that even this 60-day grace window was only put into place relatively recently by the Obama administration? Before that, you technically had to leave the country the day you were laid off. Never mind that you might have a house a family and might have been living here for more than a decade. You would officially be staying illegally if yo…

If the Democrats are "pro-immigration", they haven't actually succesfully done much to show it. Generally, not limited to H1B. this country has become very anti-immigration generally, and I hate it.

There isn't really such a thing as a "tech union" in the USA. I don't think very many tech H1B holders are working in areas with any unions. (And if they were wouldn't many union members be H1B holders themselves?)

Actually, I suspect Democrats get more money from tech companies that benefit from H1B hires than Republicans do. Tech companies in the past tend to donate to Dem more than Republican. Of course, the biggest companies, in nearly every industry, donate to both parties hoping to influence whoever is in office.

Perhaps that's what led to the bare improvement to a 60 day period under Obama, who was of course the last Democratic president. The Dems definitely haven't done any more for lower wage or less skilled immigrants, if you think they are somehow helping them but not H1B-type immigration, you are unfortunately mistaken.

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