H1-Bs and Student Visas

I’ve had a lot of questions in the past from students and H1B visa holders about their options if they’re recruited by the Big 4 and then cut.

Here’s some news from Dice.com, home of Jobs In The Money Blog.
Go to their site and answer the poll to voice your opinion.  Current results are shown. My answer is in bold.
The Department of Homeland Security recently extended the amount of time foreigners on student visas can work in the U.S., from 12 months to 29 months. What’s your reaction?

It’s a great decision. It helps the labor pool without a big change to the H1-B visa rules.
23%

It may be controversial, but it will help companies get more ROI from foreign workers.
6%

It won’t cause much change. Workers may stay longer, but it’s still only temporary.
 9%

It’s just a quick fix. Instead the government should help more Americans learn IT skills.
62%
3 replies
  1. H1
    H1 says:

    I am a H1B and understand that one can apply for change of status to a B2 visa if one is fired by employer. B2 visa gives someone like 6 months to look for a job. There is a 10 day rule out there (that a H1B has to leave the US within 10 days of being fired) but i understand its not a legal rule but more of a viewpoint that grew legs over time. One has to apply for a B2 visa within a week though (or something like that).

  2. Francine McKenna
    Francine McKenna says:

    @h1 Thanks for the info. I do advise anyone in this situation to appeal to their firms to delay severing them from the payroll until you understand and can act on preserving your rights (perhaps get your home country consul involved?), insist on legal counsel reimbursement, and get a lawyer quick.

    Don’t mess around with US immigration.

    That being said, using phrases like “I expect you to act in good faith,” shows the firm you mean business and plan to call them out on any unfair treatment. They got you into this mess and they should help you make a smooth transition.

  3. Anonymous
    Anonymous says:

    here’s another h1b, working in one of the big 4. being promoted to senior level at the end of the month and met the anniversary requirements. hope to hear from HR what the next move is… u know, ending the life on the chopping block, feeling you are only here temporarily.

    economy is bad and firm telling us how bad this year has been, im afraid they will reject on providing the sponsorship. (during recruiting, i’m only told that if you meet the requirement, you are good to go)

    wish me good luck! 🙂

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