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The following comes from one of our Income Tax Clients in the US. I will let her speak for herself.
My comment was about the reasons that an employer may NOT want to aassist you ion your quest for a resident alien (Green Card) in the US. First - my comment in red - next comes my client's comment.
<<You should also read the section on [Entering the US], also at www.centa.com. It will explain the different visas to you. Push that employer for green card status or you will "HAVE TO RETURN" to Canada when the L1B visa runs out. If they are not eagerly sponsoring you, they may be using it as an excuse to end his employment and stop their own long-term
commitments to him. Many US employers are using the Immigration rules to limit their liability to employees and that is likely good business in one sense but leaves them having to retrain new people and leaves disgruntled workers as people realize what is happening.
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I wanted to comment on this (since I am working in Los Angeles on an H-1B and my employer is complying with my labor certification/green card application--that means I pay the attorney!).
I arrived in this job on a TN, and it took me two years to persuade my non-profit agency to convert to an H-1B, preparatory to supporting a green card application. I referenced the following (a big Toronto Immigration Law firm) for some of my arguments.
http://www.grasmick.com/morefaq.htm#MY_COMPANY_FEELS_THAT
I agree with Grasmick where he also says:
Find an inside advocate. According to top recruiters, there are two players:
- the HR specialist, and
- the manager who really needs you; your "champion".
In my case, in a small non-profit, the HR person was the one reluctant to get into all this, not having done it before, but there was a manager who was willing to listen and consider what I had to say. Eventually, I persuaded him that supporting a green card petition was "the right thing to do". I pointed out that I was here for not less than four years (I'm also in a Ph.D. program) and that during that time it was always possible that my repeated TN renewals might become suspect and be denied, then voila! Ten days to leave the country!
The H-1B winds up costing the same, or less, over three years. And once one has the H-1B, the paperwork required of the employer for the permanent residence petition is not extensive or very demanding (that from my immigration attorney).
Secondly, I pointed out that as long as I am a temporary resident I am not eligible for social security, in-state college tuition rates, some scholarships and a host of other things
I probably don't even know about. If I remained with the agency for those four years they will have had the full benefit of my increasing skills and experience, while I would still be, as it were, back where I started, if I elected to change jobs within the U.S., i.e. needing a new temporary visa or heading back to Canada, like it or not.
Since in my case there is virtually no employment in my field in Western Canada, and a much more receptive climate in California, it might turn out to be a wise decision to remain
here to further my career. I even offered to negotiate some kind of financial agreement with them to ensure that their expenditures would be in fair exchange for the duration of my employment. As it turned out, they were willing to cover the cost of the visa change, but left me to pay the attorney's fees for the permanent residence part.
On the one hand, this means that I have no obligation to remain with the agency after my green card is granted (assuming it is!), on the other hand, by the time that happens, I will have given them a total of not less than five years or more employment, and missed opportunities for career advancement while waiting
(especially once licensed and with a Ph.D. in hand!).
Believe me, it's a long time to stay with one employer where the work I am doing is not exactly what I am trained and training for, but at least they have my "loyalty" and hard work for that time period, and it is rewarded with the right to work and live anywhere in the U.S. for the rest of my life, should I choose to do so.
We recently hired a new HR person from the corporate world who is familiar with visas and permanent residence applications, and I am hoping that this will expedite the parts of the process in the hands of the agency, where they dragged their feet so long on the H-1B decision they wound up having to pay an extra $1,000 for premium processing A YEAR after I asked them to switch my visa!!
Anyway, things are in hand now, and I hope that the INS will figure out how to move faster than molasses on these permanent residence petitions or I may be drawing a pension before I can enjoy the fruits of my labors!
CXXXXXXX
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The foregoing is a real person;s comments and I cxan only say that I have heard it many times before. This one is favourable.
The ones I do not like is the heartache when someone has to return to Canada because their H1B or L1 hads rrun ouot and they did not get around to getting their green card.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
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