Tag Archives: termination

Laid Off on an E3 or H1B Visa

US Life, , , , , , ,

Unfortunately it is the story of the day, the month and hey the year. We just find out today that a record almost 600,000 jobs were lost in the US in January alone. The current unemployment rate is now 7.6%. Many of those included foreigners on US working visas and the road is mcuh tougher for all of us in this category. šŸ™

The two major problems that foreigners on working visas face compared to a fellow US citizen or resident who may have been laid off is;

  1. No access to Social Security Benefits or any sort of unemployment support or safety net
  2. Extremely Limited to time to find new employment and change visa legally without having to leave the US

Essentially this means if you are in this unfortunate predicament you have to bear all the costs from any savings you have of your regular expenses and finding a new position while trying to do it in record time and fit in with the regulations.

In actuality as you only are allowed to be out of employment legally for 10 days, you really don’t have any time to find a new position and transfer your position if, as most lay-offs are, sudden and unexpected.

Now many employers are very understanding in these situations given in an ideal world they never wanted to let you go having gone through so much for sponsorship to get you in the first place, that officially they will keep your position open even if you are not in it, allowing you time to find a new role and thus technically not be out of work for more than 10 days. They don’t have to do this but many do so request this if you can to buy you time.

There is no advice I really have in terms of finding a position than what you already did to get your initial role. If you were smart and dedicated enough to find a position in the US to begin with, I have no doubt, given the time and financial ability, you will find a position again even in this economy. There are positions out there…you only have to look at major job sites.

Hey even despite the gloomy numbers of January employment loss in the US, the health industry recorded an increase in positions so choose your target area wisely.

As for the situation of financially supporting yourself through this ordeal, paying your rent, etc. Well this is a decision you will have to make as it really depends how much you have, who you have to support and what your and the size of your obligations are. Like Americans it is probably a good time to live below your means for a while, save a little more. Your other problem is the US Dollar is getting stronger meaning transferring money over here from abroad buys you less.

I am sorry unlike other posts I didn’t have more advice for you but I wanted to at least address the current situation so you know the basic facts of what you can and can’t do and the basic tip about the employer holding your role open while you search.

I feel for you if you are in this situation and wish you well and a speedy find to continue your adventure…..

CJ

EDIT: There is one other option I recently was made aware of if you want to remain in North America but not specifically the US. The Alberta Immigrant Nominee Program for Canada is seeming to take more and more people in who had been laid off on a H1B or E3 visa. You don’t need a job offer or sponsor to get this visa as you can loof for work after entering if you are in this broad range of job categories. I am certainly no expert on it but hear it could be a good option and a fast track to permanent residency in Canada.

The US Job Interview

Job Applications, , , , , , , , ,

OK we have talked about this in other posts as an important part of the whole process to be present in the US for and to have US contact details on your resume. (We will discuss the US style resume in future posts)

Now the general format of the job interview is no different to what you are probably used to in the Western World. Basically after completing an online application of some sort and/or sending in a cover letter and resume and possible other relevant accompanying documents, you first point of contact if you make the next stage is usually a phone interview.

This phone interview can often be either inpromptu or set at a particular date and time and you will cover most general stuff about your background and resume and then information pertaining to the company and position to which you are applying,

The only curve ball (as they say often in US speak) or questions you may not be used to is immediate questions relating to your compensation or how much you want to be paid. Often this is asked earlier in the application for you to specify but it becomes a lot more intense when you are stating amounts to a person at the company over the phone.

A lot of people either because of their cultural backgrounds or indeed that in most other Western countries, money and negotiating is not such an open and direct topic as it in the US. People are well versed in this early in life often with the general entrepreneurial spirit that is in US culture or at least by college when talk is open about the type people expect when they graduate.

My best advice is to research your position a little on the Internet. There are plenty of sites from a simple Google search that will tell you the average salary for your position in the area which you are applying (area is important too as sometimes the differences are huge as you will places like NYC have much higher salaries across the board because of the much higher cost of living and possibly prestige of the city). Then be confident and add $10K to what you think as always best to aim high when you do this as invariably you will never get more than you originally state. So why settle, be American and demand more šŸ™‚

The face to face interviews are as you would expect and a more detailed analysis is done on you and more often than not you will have multiple people interview you, often separately so they can each get their unique take on you to discuss later. Obviously if you are applying in one of the traditional industries; law, high finance, etc. dress the part but wherever you go, it never hurts to over dress as you will rarely be penalized for it.

As I said in the previous post, if you feel like you are getting to the final stages of an interview and/or you are applying for what you feel to be an important or senior position, don’t be afraid to be asked to be reimbursed for travel and other costs. I have had plane tickets, taxis, car rentals, subway, etc. paid for in these situations. If you have got to this stage or going for such a position it is almost expected that this will be done for you. Of course in most cases that is not going to be a plane ticket from Aus to the US because as discussed most would expect you to be in the US already but IĀ  would advise to always ask the question as the monetary costs can add up. If you don’t get a position it is at least some comfort to have some expenses offset given you can get your time and occasionally your sanity back šŸ™‚

Always good to leave on a good note as if you were 2nd or 3rd in line, often 1st person might reject for whatever reason (usually b/c they got a better offer), so they will usually turn to you in that situation. Be prepared to discuss details of your contract which may be for a specified period but usually for most levels of workers is something like “employed at will” with 90 day probationary period.

Essentially that means in first 90 days if they are not satisfied at any time they can fire you with no compensation other than what you have worked thus far. After the initial 3 months they can still fire with you on the spot with no notice and you will have to leave at that moment, only that you will probably get a payout for unused leave etc. and maybe some other termination compensation depending on the circumstances.

The US system of hire and fire is brutal so don’t expect 2 weeks notice or even in many cases cordiality if it happens. Seeing it in front of my eyes this past year with all the layoffs in 2008 even with people who other than for the economy wouldn’t have lost their job being told randomly, they are fired and given barely 10 minutes to leave. Essentially from the momemt you are terminated you are seen as a security risk and they can’t get you out of their fast enough. Suddenly the friendliest people and atmosphere in the world become like your worst immigration and airport security nightmare….official and borderline scary. While it is obviously worse to have happen to you, it is certainly not fun to watch either like a sick car crash from close up as its happening!

Ok enough of the bad stuff but this why I implore you to demand a lot when you start, including ensuring things like your benefits are up to par like medical/dental/vision, life insurance, retirement, etc. which should all be musts in your overall package. Medical insurance is super expensive and annoying to deal with but make sure you have it so it becomes at least a tiny bit easier. I will go into more detail about this another time.

The final piece of advice is about when to drop the hint about the sponsorship part. I was reading many forums and there are a lot of different opinions on it. My mantra is to have this there from the beginning, it avoids so much heartache and if explained properly will not be an obstacle. Let’s face it an employer that is not open to sponsorship is unlikely to be convinced later on and may be annoyed that this secret was kept for them. I tried lot’s of different strategies and by far the most effective and best for my own piece of mind was the initial upfront approach.

Stay tuned in a future post and I WILL REVEAL exactly what I wrote and said for you to use yourself…..

CJ