Tag Archives: h1b

Are you on a H-1B Visa or E-3 Visa and now Laid Off?

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I wrote earlier in February about this very issue and the main ideas I had to help you find new employment so the posts I recommend reading are;

– Laid Off on an E-3 or H-1B Visa where I talk about the situation and idea where you can get your current employer to help and also an option in Canada
– Extending, Renewing or Changing Employers on your E-3 Visa this is also  helpul to H-1B holders or applicants as the process is very similar
– Information about the Top 100 Companies that sponsored H-1B visas last year where we discuss how this may help you and the genesis of the list which we made FREE for you
– The Top 200 List of US Visa Employers Last Year is a raw list of the companies that is beneficial to E-3 visa applicants as much as H-1B and even J-1.

Now I have received a lot of emails in recent times about;
How long people have?
How can they extend their time to look for a job?
Is the transfer process easy and not too costly?
Can you transfer to B1/B2 status to allow you more time to find a position?
Do I have access to any unemployment benefits since I pay Social Security/Payroll/FICA Taxes?
Can I work while the transfer process is underway?

I will try and document the answers to these questions briefly on one page, although a lot of these answers are in more detail elsewhere in the blog in other posts and you can go the All Posts List which documents all entries and visa information by title.

1. How long do I have?
Technically you only have 10 days to find a new employer once your current employer notifies USCIS of your termination date. We explain in the above post more fully how you can ask you employer to delay this notification to give you more time.
NB: Over time through guidance and enforcement changes, and post the financial crisis, the e-3 visa rules continued to more resemble the h-1b visa rules. So the 10 days have become more like 60 days. However always be cautious as you never know what might be enforced especially in the post 2016-era of US immigration.

2. How can you extend your time to find a job?
Will this really follows on from question 1, so the delay in notification is one option. Leaving and re-entering the US on the visa-waiver program is another option. Transferring to a B1/B2 visa or even another category (although you have to meet their individual requirements) can also potentially extend your time.

3. Is the transfer process easy and not too costly?
It certainly could be easier, I mention in the above linked post the entire process and forms involved. Eassentially it involves getting a new LCA form and a filing form for transfer of employer to USCIS which I think costs around $300 although this constantly changes. It can be relatively straightforward in what you do but it can be a long process.
Of course if travel is involed if you plan to get a new visa outside the country this of course will amplify costs.

4. Can you transfer to B1/B2 status to allow you more time to find an employer?
You certainly can trasnfer to B1/B2 if you do this application to USCIS. Visapro states USCIS officers have been allowed to exercise their discretion to grant you another nonimmigrant status, if you apply for change of status within 10 days after you are laid off.

5. Do you have access to any unemployment benefits as you pay Social Security taxes?
No you don’t in any shape or form if you are on any non-immigrant visa. Yes this is completely unfair given you are forced to pay these taxes just like a US worker but you have no claim to any benefits.

6. Can I work while the transfer process is underway?
For H-1B visa holders you can given the application has been filed and you have your approved LCA from the Department of Labor. However your transfer application could still be denied potentially by the USCIS.

For E-3 visa holders the answer is a little more strange as it is largely undocumented. So some USCIS officers will say the rules are the same as H-1B as they are for most other things when not fully documented as seems to be the general direction of the visa. However other officers say this is not the case and you have to wait for your transfer. This combined with the transfer visa application cost has caused many of E-3 to just go to Canada and apply for a new visa with their new employer instead.

Good luck if this is your predicament…I wish you all the best 🙂

CJ

**look I should say again I am not a lawyer but I answer these questions to the best of my ability having gone through the visa process many times and having shared experiences with many others so I want to save you guys as much money as I can with potential legal costs. Some of the policies change a lot and I try to keep us as much as I can but I do miss a few changes.

Creating a US Style Resume for Job Applications

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I thought I would touch in a short note about resumes. As many sites that also charge for other free information I have shared in this blog also state as part of their service they will help with resumes as well to ensure it is in a US format which can be different from other International countries.

To be honest, in this global world, where labor is constantly travelling all over the place, differences between resumes (language aside) is becoming more and more homogenized the world over. So the advice I will share to help with your job applications to get your E3 Visa, H1B Visa or J1 Visa may be what you are already doing.

Additionally, the job sites I recommended like Monster.com and LinkedIn.com as well as others like Career Builder and Yahoo Hot Jobs all have extensive sections on this so it hardly a trade secret.

The truth is probably these days, that you have to go beyond your resume format to obtain a job offer and eventually get your E3 or H1B visa by really standing out from the pack. By this I mean it is the presentation, extra efforts, interview performance which is basically whole package you offer during all stages of the application process that will get you that job offer.

However the resume is an important pre-requisite so I will try and outline the major points of the US style resume in my opinion. Of course depending on the profession, some factors may vary but this will be the standard to cover most types of industries I believe.

Just in case you were wondering, my resume was very much in an Australian style and I actually had a sit down session over breakfast with a VP of a media company, who basically tore my whole things to shreds. Then he gave me section by section pointers to change it to a US Style Resume.

I can also confirm my initial response rate from prospective employers improved dramatically following this complete re-work.

General Points to Consider

  • Keep the length to 2 pages or less
  • Put it in the format of reverse chronological order (i.e. job experience then education then extra information)
  • Try and put all your contact details in the header area as not to waste space
  • Consider adding a business/personal objective of about 1-2 sentences just prior to work experience. Also if you do add this, try and tailor it to the position to which you are applying
  • You can also either in this initial section or in a cover letter state when you are available to work
  • In work experience put your most recent experience first by putting company name & location, job title, dates of service, the job description in bullet form (ensure this straight to the point like “managed $10 million marketing budget for clients across all channels”)
  • In education state the institution and all relevant qualification achieved as well as year of graduation. If mini description is required to explain qualification then add here as well
  • Consider putting the web address of institution if it is foreign to the US so they can research
  • In next part you can spend a little bit of space on additional skills, achievements/awards and personal interests however this is definitely not the focus of the resume so should be kept brief
  • The second last thing is to put reference check names and their relevant contact details. US companies have a tendency to check these during the job offer stage of the application process but of course that can vary.
  • The last party you can put a brief note on your Visa Status, I will paste below exactly what I put there for the E3 visa but of course you can substitute for H1B or any other visa as well.

VISA STATUS:
As an Australian I am eligible for the E3 visa which is specifically for Australian professionals working for US employers. (This visa works similarly to the Canadian TN Visa and requires 1 form to be completed being the Labor Condition Application (LCA –US State Dept. Info)
I hope all this information has been of some help in your quest for an E3, J1 or H1B visa and that soon your plans and hard work applying for jobs in the US will get you many call backs, interviews and hopefully job offers to choose from!

CJ