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  1. #1
    Join Date
    Feb 2012
    Posts
    29

    Default How Many Years of Employment Must You Commit to Serving to Get a H1B

    Hi All,
    So I came to US in 2003 and completed MS and PhD all by 2011 August. Since then I've been working under OPT which is going to expire on 14th January, 2014. I requested for H1B visa for myself to my boss who is a renowned professor of a reputed university. He told me that in order to process my H1B he needs to commit atleast couple of years to the individual (that would be me) and he doesn't have funding for couple of year's commitment. This job is a post-doctoral research job which is non-tenure and based on availability of funds. Hearing his statement I was surprised and tried to tell him that it's not the case, he doesn't have to commit me for couple of years (but maybe 6 months to 1 year maybe?). He didn't buy that, plus he told me that if he can't sponsor me after suppose 2 years, then he has to buy a ticket for me to send me back to my country as he would be responsible. I told him that it's another wrong idea he has. So he asked me to talk to any attorney to find out the right information about it and so I'm seeking some advice how it works. Does he really need to commit me to certain period of time in order to do my H1B visa?
    Any comments on this would be appreciated.
    Thanks in advance!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    Yes, if a company prematurely ends your position, they are responsible for returning you home. Further, it would be irresponsible to begin a position he does not have funding to complete.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    The university has an international office and attorneys familiar with immigration law to advise on matters such as this; if it doesn't, it is not a "reputed university". He certainly should NOT take advice from you. HE cannot sponsor your H1B; the university would do so, and they are notorious about procedures and following them. Getting through EEOC paperwork to hire someone is a nightmare. Just because you are under his direction does not grant you any favored immigration treatment.

    You would be better off going home for an academic position or seeking a postdoc elsewhere or looking at J-1 visa. (A US degree does not guarantee you a job in the US. What took you so long - 8 years for an MS and PhD does not speak well for you.)

  4. #4
    Join Date
    Feb 2012
    Posts
    29

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    Thanks for your time and reply with rudeness.
    You're not a person to judge me (What took you so long - 8 years for an MS and PhD does not speak well for you). I just wonder what kinda education you have had so far that just reading a paragraph and loosely knowing that someone took 2003-2011 to finish MS and PhD you went on saying that it 'does not speak well for you'? Did you ever have a Ph.D? Do you know many well recognized scientists and Nobel laureates finished their doctorate level degree in more than 6-7 years? It's not a general course and nobody can predict how long the research program can take to conclude. By the way, I worked 1 year at another big and yes, reputed University in between my second MS and Ph.D. I didn't care to give my detailed academic and other qualifications here because this is not a job forum. I just mentioned those years to let this forum know my academic timeline, if that matters in the procedure.
    And also, please don't lecture me about reputed universities. I've 1 Bachelor, 2 MS and 1 Ph.D - all from reputed universities including University of Florida and Ohio State University. Now consider yourself where you were educated from.
    Ofcourse this university has lawyer and program offices to assist with the procedure, however, as I said before, the person I'm working with doesn't wanna believe them for his own reasons from his past experiences (atleast that's what I was told). And this person is World famous in his own field (actually number 1 in his field) and currently serves as President's (Obama) scientific advisory panel and I'm nowhere to suggest him to talk to the University administrative officers regarding this when he clearly said he doesn't believe that officer (I did ask the administrative program officer and she told me that he doesn't need to commit couple of years) and asked me to dig more with the information and that's why I requested an answer from this forum.
    And also, one suggestion for you, I know that one US degree doesn't guarantee me a job (I've more than one btw), but don't freely advice me what I should do (You would be better off going home for an academic position or seeking a postdoc elsewhere or looking at J-1 visa), stick to your answer (if you can) whatever was requested for. Thanks again and sorry for being rude but after your reply it was inevitable.

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    If he does not want to believe the program officer, there is nothing you can do.

    You also need to fact the possibility that he does not really want you to remain or knows that he is unlikely to have funding to support you.

    Sponsoring an H-1B visa is expensive; he may have has a bad experience in the past and prefers to go with J-1. If the postdoc position is important to you, pursue that option.

    No one is required to file for an H1B for a guest worker. What you want is of no consequence. You can always find a new employer except there are an overabundance of PhDs in many fields and few available academic jobs.

    US degrees are not a guarantee of a US job. In fact, in order to obtain a student visa, you were to convince a consular official that you intended to return home.

    You seem to be fighting a losing battle. By pursuing this when it is obvious that he is not interested in sponsoring will likely do yourself more harm as you will need his recommendations in the future. Doing battle with someone with the credentials you claim he has is going to cost you a lot; he can find many more people to replace you willing to work under his conditions. Is pursuing an H-1B in his lab worth it? If you are as good as you claim, you should have other opportunities where they would be agreeable to H-1B sponsorship. Look for someone getting started rather than someone at their peak.

    PS. Be more humble; you are awfully arrogant for someone looking to remain as a GUEST worker.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    So pat yourself on the back and go home. You are just another foreign student, that was dragging their time out in the US, hoping to manipulate their way into a job and citizenship, by working for substandard wages at the expense of the US populace. I have met a few cut rate foreign Phds working for less than I make, sitting at a desk twiddling their thumbs while the BA's and MA's do the work that their Phd gets put on, for effect. I don't need to judge you. I had you figured out as soon as I began reading your post.

  7. #7
    Join Date
    Feb 2012
    Posts
    29

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    Thanks for the suggestions. I talked to him again yesterday and this is not at all money he's concerned about. He has enough money to sponsor another year with my present status and can do J1 as well as he said he likes me working for atleast one year for him. It's beneficial for both of us as he's the best in his field and his recommendations worth a lot more than any other professor plus I have several other facilities. That's why I tried to stick with him in the first place.
    So his basic concern is that by law he has to commit me several years (3?) if he has to sponsor me H1B, plus as you know the funding comes from research projects, he has to pay my salary if the project money is cut-off for some reason or he has to bench me. Now I told him to prepare a new offer letter with specification of 'termination' so that he can terminate me in that situation and don't have to pay salaries for the months I'm not working and buying me air-ticket to go home (these all are things he has to do during benching time by law). So then he told me a story with another postdoc last year he had regarding firing and that experience was not good. So he said 'termination' is not an option for him.
    Anyway, I'm already looking for other opportunities and would also probably go for 'self green card' petition as well. I'm writing a proposal which would be decided in 3 months and if I get the grant he said he would do even green card as he won't have a concern of benching me.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Employer Needs Some Information Regarding H1-Visa Commitment

    He cannot agree not to pay you if there is no funding. No matter what a contract says, he is required to pay you at all times when you are employed on H1B status. The contract cannot override federal law; if he thinks it can, he is not as smart as you claim.

    Self petitioned GCs (EB1) have a very high standard. Have an experienced attorney review your credentials and advise of both your chances of success and what you should do to improve your vita.

    As for a promise of a GC, since you actually work for the university, his promise means little since the institution has its own policies.

    You really need a personal consultation with an attorney who will point out the flaws in your proposals and not present a rosy picture. I still believe that you have unrealistic expectations and are not aware of the university's need to strictly follow immigration and EEOC law.

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