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roommate lost his job (and is on H1-B)

starlanceriistarlancerii Registered User regular
edited March 2009 in Help / Advice Forum
So today my roommate learned that he's been laid off. This is normally a shitty thing, but much more so in his case - he's in the US on a H1-B visa, meaning that if he's laid off, he's got like, 30 days to find a new job. After that, he's gotta go back home. Unfortunately, this current economy is pretty bad for job searching. Is there anything that he can do in the next 30 days? Previously he was working for IBM as sort of a strategy/IT consultant.

Unfortunately, this also affects me, in that he's my roommate. If he can't find a job, I'm kinda screwed too, in that I have to find a new roommate. Plus, I won't know until those 30 days are up whether or not I need to replace him, and it would look pretty bad if I started looking for roommates now. I'm not sure what to do now. I *can* afford to pay both our shares of the rent for a month or two if he moves out, but I'd rather not.

This is in the New York queens area.

starlancerii on

Posts

  • RUNN1NGMANRUNN1NGMAN Registered User regular
    edited March 2009
    What satisfies the requirement of a job and keeps that 30 days from tolling? Can he do random stuff off of Craigslist or whatever until he finds more gainful employment, or is that not good enough?

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  • ihmmyihmmy Registered User regular
    edited March 2009
    day labour and temp placement organizations are a good thing to check into while also searching for a permanent job... I can't guarantee that they'll count towards his visa but to my brain it seems like it should

    ihmmy on
  • PheezerPheezer Registered User, ClubPA regular
    edited March 2009
    A local placement agency should be able to get him at least a shitty job for the time being.

    Explain to your roommate that you're going to try to line up a replacement should it become necessary, and ask around to see if anyone would be interested, just in case it does happen. Worst case scenario you've got a shitty month or two before you move or find a roommate.

    Pheezer on
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  • starlanceriistarlancerii Registered User regular
    edited March 2009
    He can't do random stuff - he has to find a job that's relevant to his area of study. So either his major (electrical engineering), or what he's been working on for the last 3 years, strategy consulting. I'm pretty sure he's not going to find something like that from a temp agency.

    starlancerii on
  • CygnusZCygnusZ Registered User regular
    edited March 2009
    Don't get legal advice from Penny Arcade. Go find a real lawyer.

    CygnusZ on
  • cooljammer00cooljammer00 Hey Small Christmas-Man!Registered User regular
    edited March 2009
    joke answer: go find Barney Stinson and get him to make you a video resume

    serious answer: try...internet? does he have any connections at his old work?

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  • seasleepyseasleepy Registered User regular
    edited March 2009
    He can't do random stuff - he has to find a job that's relevant to his area of study. So either his major (electrical engineering), or what he's been working on for the last 3 years, strategy consulting. I'm pretty sure he's not going to find something like that from a temp agency.

    There are actually a fair number of recruitment agencies that are specialized in areas like tech or engineering (especially in a city as big as NYC). It might be something to look into.

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  • DarkewolfeDarkewolfe Registered User regular
    edited March 2009
    As Seasleepy said, there are temp agencies that specialize in placing certain skill sets.

    Google says try these:

    http://www.justengineers.net/

    http://engcen.com/employmentres.asp

    Also, it doesn't help your roommate situation, but he could probably find a placement service that could look outside the bounds of NY. That is, if staying in the U.S. is more important than just staying in NY.

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  • QuetzatcoatlQuetzatcoatl Registered User regular
    edited March 2009
    H1-B visas are tied to the sponsor who provided the job, so its not enough to get a new job.

    I've had some pretty extensive dealings with immigration and its not easy, I am on an H1-B myself. The rules are confusing, often contradictory and the Border Agents don't always know all the rules themselves. It would not be a bad idea to look for a lawyer to get some advice.

    He should at least look up the relevant information online from government websites so he doesn't get screwed.

    Quetzatcoatl on
  • Inquisitor77Inquisitor77 2 x Penny Arcade Fight Club Champion A fixed point in space and timeRegistered User regular
    edited March 2009
    I'm fairly certain there is a de facto grace period, anyway. Frankly, La Migra isn't going to waste their time to find him, arrest him, and deport him. They have better things to do. He should definitely look into any legal resources out there while also trying to find a job.

    H1-B visas are very much tied to the sponsor, but there are almost certainly options available. For example, if he managed to find another job from another employer who was willing to sponsor him, I don't find it inconceivable that immigration would just find a way to transfer his visa over or re-issue him a new one without much fuss. Then again, I'm not an immigration lawyer, so wtf do I know.

    Inquisitor77 on
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2009
    I'm fairly certain there is a de facto grace period, anyway. Frankly, La Migra isn't going to waste their time to find him, arrest him, and deport him. They have better things to do. He should definitely look into any legal resources out there while also trying to find a job.

    H1-B visas are very much tied to the sponsor, but there are almost certainly options available. For example, if he managed to find another job from another employer who was willing to sponsor him, I don't find it inconceivable that immigration would just find a way to transfer his visa over or re-issue him a new one without much fuss. Then again, I'm not an immigration lawyer, so wtf do I know.
    this is possible.

    IANAL, but i am a law student and have worked in an immigration law firm for a while.

    your roommate will need to find a new employer willing to sponsor him on the H-1B. iirc, the new employment must be substantially similar to the prior job. if he's able to find a new employer who will sponsor him, the new employer can file an H-1B nonimmigrant visa petition to amend the one filed by the old employer and to extend his stay. once the petition is filed, he doesn't have to wait for it to be approved, and can start working right away. his immigration status would also be fine at that point (at least until the 6 year maximum for H-1B status)

    the obvious problem is that a temp job employer will not sponsor him, and even if they did for some crazy reason, a temp job would not satisfy the legal requirements for the H-1B anyways. i'm fairly sure he wouldn't even be legally allowed to work in a temp position: he can only be gainfully employed if his immigration status allows it. for H-1Bs specifically, he HAS to be employed by an employer who has filed an H-1B petition for him. there are other means to allow a foreign national to take up work in the US if they're a nonimmigrant, non-green card holding person, but it sounds like none of those options would work for him, at least not without him leaving the US and trying to apply for another one of the immigrant statuses. that process would take too long for your rent problem anyways.

    the other issue is in what industry does he work. if it's software, he's pretty much boned. the current flow of workers right now is actually BACK to their home countries, thanks to the economy.

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  • starlanceriistarlancerii Registered User regular
    edited March 2009
    fightinfilipino, that's pretty much what I've heard - he's got a de facto grace period of ~30 days to find a new employer who is willing to sponsor him, and he can just transfer his H1-B status over (though there is some paperwork). If it takes longer than that, only way for him to stay in the US is to change his status to tourist visa, and from there he can't change it back to H1-B easily (gotta wait til October when they're issued). So 30 days.

    I don't think he was working software directly - his past staffing position was sort of a consultant position, where he was working on strategy while his team was migrating the client over to SAP, I think? Are there any companies recruiting for that kind of a position?

    It just really sucks that he's been here in the US for 7 years now (since starting college), and now he's been told that he has 30 days to find a job or he has to GTFO of the country.

    Actually, I think he could also change his status from H1-B to a student visa? Grad school? Would that work?

    starlancerii on
  • NatsusNatsus Registered User regular
    edited March 2009
    If he's having trouble finding an employer that will sponsor his visa, and if he's from Canada or Mexico, a TN Visa could be an option.

    Natsus on
  • witch_iewitch_ie Registered User regular
    edited March 2009
    Your roommate should try looking for any employer that will hire him that will meet the requirements necessary for him to stay in this country, even if he isn't sure that the job is stable or pays as much as he would like. I would suggest looking especially into any start-ups that might be willing to sponsor (is that the right word?) him.

    As to your rent situation, ask your roommate if he's open to agreeing to pay the next month's (after the 30 days rent) either way. This way, you can wait until you know for sure that he has to leave to start looking for another roommate. This should alleviate the stress on both of you in the situation assuming he can afford to pay one extra month's rent if he has to leave the country.

    witch_ie on
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2009
    Natsus wrote: »
    If he's having trouble finding an employer that will sponsor his visa, and if he's from Canada or Mexico, a TN Visa could be an option.
    this is a good question...which country is he from?

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  • lunasealunasea Registered User regular
    edited March 2009
    How much are you paying a month...and do you need a new roommate? :)

    lunasea on
  • starlanceriistarlancerii Registered User regular
    edited March 2009
    He's from Sri Lanka. It is all still up in the air, but reading up online, he might have an extra 2-8 months, due to the bureaucracy of the immigration system. But who know? Our agreement is that he'll pay rent for an extra month after he moves out, otherwise gives 30 day notice. So I should be all right now. And we're paying 1500 a month combined - this is new york city, its expensive :-)

    starlancerii on
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited March 2009
    He's from Sri Lanka. It is all still up in the air, but reading up online, he might have an extra 2-8 months, due to the bureaucracy of the immigration system. But who know? Our agreement is that he'll pay rent for an extra month after he moves out, otherwise gives 30 day notice. So I should be all right now. And we're paying 1500 a month combined - this is new york city, its expensive :-)

    if he ever wants to be able to come back to the US, he'd better not risk overstaying. like, at all.

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  • TokyoRaverTokyoRaver Registered User regular
    edited March 2009
    One of my coworker's girlfriend lost her visa-sponsoring job, found another in 34 days, and had to go home anyway because she overstayed the 30-day limitation, which is complete bullshit

    Apparently they aren't joking around with that nowadays

    TokyoRaver on
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