Aftershock of H1B Layoff

As if losing the job was not enough. There were other clocks that worked at their own pace. The Green Card process with my ex-company ended, PERM was not even processed. H1B ended giving me a grace period of 60 days. A human translation, is there is no more a future job that the company would be able to support. The company has further restrictions in hiring and offering PERM petition because of the layoffs. By law they have to offer jobs to qualified domestic citizens. So there is no more future in the company. And company would not entertain any questions on it.

I had the whole office work setup at home. Now, I was not permitted to return all that to office. So the brilliant guys there called my own ex-friends and ex-colleagues to come and collect stuff from my house. It was short of an emotional parting.

Several people had lost work so there is no special consideration for me. I am still wondering how Covid is a hogwash reason that could affect a hardware-software company.

I went back to the search sheet just like the ones created for finding universities, this time for jobs. Job search techniques, I refreshed with all the books in the public library. No library has any information about visa sponsoring employers. So that was purely luck based. Interviewers did not understand the exigency of the situation that I had only 60 days to make myself useful at their company, and they had to move through the interview process fast and keep me updated all the time.

I had to amp up on the networking side using LinkedIn and tried to make use of the connections built from day 1 in history. Where some where helpful in leading me to some opportunities, some where not helpful. What can they do, I am sure everyone helped in their own way. By luck and kindness of strangers I could get a proper referral and get into interview, and perform satisfactorily for them to offer me a job. Then, it was a wait for the H1B visa transfer(change of employer). I had to take time. I had the timer running and still trying to find any employer who could do that process faster, attend as many interviews and phone calls as possible. This was not easy. Meanwhile sold all the furniture, and spoke with lease office. Now that I did not have to outright sell the cars, because cars are needed for any life in the USA. If there is a job in the USA in near future, then selling the car may be costly compared to buying a car later. But there is still the uncertainty since I had no paper to show yet.

My previous offer during studentship (F1 Visa) was a good reminder. I was offered to be interviewed and the office admin there collected all personal details to book flights and so on and then cancelled it at the last moment and did not book anything. There was no offer to bring in for interview then or later.

I could not go back to India and go back to F1 to continue PhD that easily because of lockdown. I could not get any visa appointment slots. I could not see any relevant jobs in the city I was in. I had to move. I was preparing everyday. I had watches several movies run in the TV during this time but do not remember even a single one. I tried to maintain contacts with a few people who were in my situation, checking on them what they may be doing. I felt I was responsible for one person I interviewed and was later offer a job, laid off only 4 months into the job. I felt bad. Why my manager or CEO did not feel bad for letting all of us go, I could not understand. We remove emotions from policy, then a temporary foreign worker whose work no more exists ceases to exist. No humans were harmed, in theory!

Luckily the papers came in just in time, just 10 days before the end of grace period of 60 days. That determined my continued stay in the USA, and continue the work by chance in the USA.

To this day even after 3 years of these happenings, I relive thiese major life lessons, as a memorable set of events. For the slightest of the reasons in my new job, such as computer not letting me log in. Swipe in card not working. Manager not scheduling 1:1. Manager asking me to come into office without giving details. I would pre emptively carry the necessary stuff ready to go. If a 15 min video call could change my life and work by chance in the USA. Then it could happen again. In my place, in Kerala, we say if jackfruit falls and rabbit dies, it is not necessary that for every fall of the jackfruit rabbit would die.

I could give my example as a hopeful story to some of my contacts who faced layoffs during that time in 2020 in Covid. Most of them are doing well today. All is well that ends well.

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In the US, on your toes

Life in H1B brings surprises and because the H1B is sponsored and beneficiary is you. Life is decided on somebody’s else’s mercy. The amount of say you have on the H1B is zero. Hiding it does not help. That makes one vulnerable. To make it normal, selling, and upselling and shameless self promotion is warranted.

Looking back at my notes, analysing the option to head to US also read that I would on my toes when I move to the USA. One of supervisors who referred me to the MS program, advised that I should go to the USA. Although he never got to reap the benefit of post study work, because of inability to land a proper job during the 2008 recession.

Knowing this why would I head to the USA. Because this is a famous country, loan is available and it is possible to repay in post study work. Post study work permit is also possible. That much was planned. H1B and further could not be planned. Because H1B is a lottery. If it is made available take it. Any opportunity is better than no opportunity. And since I had to work outside of my home city, because of the availability of the jobs elsewhere, some overnight trip long. USA may be a little bit farther at 30 hours, but fair deal. USD to INR conversion fills any shortcomings.

My supervisor also advised that I should be looking for job from day one. I was extremely pro active, And this was noticed by one professor. I told him the truth, I am exploring all of what is avaiable. I had read ” What color is your Parachute” during job search. And exactly as mentioned in the book, I landed in a Silicon Valley based startup and as luck may have it next to my university. So I did not have to take all the bad and good of the SF. It was a different small company setup. Like a house almost, with excellent people – except the few I mentioned earlier. And then there were changes with H1B, you need to step up the game to get the green card petition. Why because, H1B is only for 6 years and with an approved green card petition it could be extended. During this period, I had to hold fort and keep quiet, until it is completely approved. I had opportunity to move to SF, infact my manager(s) wanted me to move. I could not, they did not understand, HR did not give how much of salary change would happen, co-workers one by one tried to understand why I am not moving and why I should be moving.

They all had good intentions but had absolutely no clue about the legality implications of moving and H1B, which would bring another LCA, H1B, yet another PWD, PERM filing. That will effectively delay my reach to green card by 1 more year.

And what about my freedom to pursue a part time PhD. I was well on the way completing coursework, publishing papers, getting conference fundings and really having 100% of life filled. I was maximising and firing in all engines.

I had to scientifically present to them why I will not be moving, they accepted, held on to me and let me go.

It was pure shock. Layoff newbie. First time layoff. I had all the office hardware equipments at home ready for work from home due to Covid-19. I had the house table setup like an office, with experiment running and then through some random meeting that showed up on the calendar. I was told in a video that I was affected and am part of the lay off.

I had my 60 days clock start to find another job, or exit the country. Such is the H1B life.

All the progress in PERM filing was lost because it was not approved yet.

Everyone is disposable, my first full time american work boss had said. I remembered that. I could not say bye to anyone officially.

I had 4.5 years more of H1B. All that is useful with only an employer sponsorship. I had to find an employer. Meanwhile, getting ready to move. Selling all the stuff, because in my location that was the only job I could get as an international. I knew all my classmates had moved to other cities.

I could move to PhD. But change of status from H1B to F1 was atleast delayed by 1.5 years. If status is pending I could stay. But where is the money. So back to the first step. I had to make money. If I have a chance I should attempt for work rather than studentship. So priority was set. I was on the toes again.

I learned from all my campus dining jobs, that to get SSN I needed to get work in a non-veg serving area. Which is faster than getting it later using OPT. I could not get internship so I worked in Athletics, I could not get research assistantship so I worked as graduate assistant. I could not get a senior engineer role with my 4 years’ Indian experience, I could get electrical engineer job. I could not get research role, I could get a job, that will sponsor visa and take me as an international with work authorization. So I was mentally ready to take any job. When keeping the visa alive took precedence, any job would work. I could be on my toes.

Hence, I am very grateful to my universities for teaching life lessons. University of Calicut taught me how to survival in adversity, and uncertainty. IGNOU gave me confidence to achieve what I wanted. SUNY at Buffalo gave me perspective on how to work and survive.

The Confusing trend of Layoffs, Is Median Tenure a good indicator for company stability?

Since 2020 with reasons varying from Covid 19 and what not there has been inconsistent trends in the layoff excellently tracked by https://layoffs.fyi/ . This excellent data is not only useful for the trends in the companies, but also gives locations, industry and sometimes even a sheet with the list of employees who were affected. Another way to track laid off employees is the Open to Work banner in Linkedin.

Now what if the employee, now ex-employee is not able to openly show that they are looking for work. Mind you, there are cultural significance of having a job vs not having a job. And not having a job is considered to be bad by the extended family, what? Do you worry about the emotions and shame that comes with orthodoxy or do you look forward to get help. The best is to ask. To ask in the social media world is to post. And many many many people do ask in linkedin and facebook groups. What is the shame in it if humans are meant to live the urban life by this method of having a job and working to earn it. Not many people can hope to be politicians and be successful in it?!

I remember the times when I was affected similarly and a post reached extended family and bounced back saying what a shame, you lost a job and then you post about it? The whole world knows this no.w Good thing with the trends in layoffs especially the ones from big companies like Meta and Amazon is a seismic cultural shift in such orthodox view of having a job and not. While a generation or two back would have kept a job for a lifetime, it is not that common in this new connected world. Everyone is replaceable. That is the first lesson I learned from my first professional job in the USA, from my hiring manager and boss. Such transparency, holds high respect in my mind.

While this company laid me off, they called me back with the same job in same location after 2 years, and in that same year some of my old friends got laid off. This was a 3rd layoff for that company. This proves that anyone is replaceable once again.

And as it says in the award winning film Argentina 1985. We need to build a personal set of memory, not of oblivion and this shall happen never again! May I add ‘Hopefully’.

So what shall we look for in a future job? Tenure? Money? While nothing is still guaranteed with a data given, we tend to make some safe assumptions and work with what we have. One such metric is the median tenure available in the LinkedIn website. Say, for example you were to look at Google as a company and checking to see how long do people stay, LinkedIn Premium has this feature.

Search for company > Click Home> Scroll to see the Median Tenure

https://www.linkedin.com/company/google/

Checklist for H1B Layoff

It will not be surprising if I did not create it, thanks to close to creating checklists at work. Because this checklist got 174 likes in the group it was originally posted. I am adding it here for reference.

If you are H1B who are laid off

1. Ask them to keep you in payroll until end of severance pay
2. Ask for last day of work per H1B
3. Ask if they can transfer you to another country office if they have any
4. Ask if they can permit you work in reduced work load (part time) H1B so that you can get time in the USA to find a new job, reason with them that 60 days to find a job in these times is a challenge
5. Ask for employment verification letter to be used in later immigration paperwork
6. Ask for point of contact for all questions after layoff
7. Get recommendations from co-workers in LinkedIn
8. Get atleast 3 references’ email and phone number, check with them if they will act as reference for your job search. Thank them
9. Go fast in job search app-ing and networking, and contacting recruiters in your field as fast as possible
10. Keep up the good hope and defer payments for car, house/rent, credit card, insurance by calling each of them and tell them of the situation
11. Be ready to add a trusted person’s name on car/house so they can handle any later sales, in case you have to exit
12. Look for Change of status (COS) option to F1 or B2 anyways.
13. Be positive

 

There is one more point to be checked, which is the most important one.

14. Health insurance

Companies would mention COBRA as an insurance program that can be used during the unemployment period. This can be used for the limited period that will be mentioned in your severance and COBRA accounts. This may be used as an option, until a better one opens up with another employer who will sponsor H1B visa through transfer/ consular. Since this varies from person to person. It is tough to say.

If you can get on spouse’s  or other insurance, it is better to  get on to that. If company is opting to pay for the premium during COBRA. That is also an option. Important factor is to call and check with the insurance company and see if you have to enroll and make any payments. This will take a lot of patient conversations.

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Options when India is Locked Down for USA H1B Visa laid offs

Disclaimer: These are only random collected data from here and there. Refer USCIS website for correct information. Use attorney for legal options. The following is written for my reference.

Change of status: You do not accrue illegal presence when change of status is pending

Link to I-539 : https://www.uscis.gov/i-539

1. H1 to H4 : If you have a spouse on H1
2. H1 to F1:  If you get I-20 (certificate of visa eligibility) from a school
3. H1 to B2: Change to visitor visa, start date to begin right after H1 grace period ends\

It is unfortunate to see many Indian website publish false news on H1B laid off and extension period. Always check USCIS and other Government websites for correct and up-to-date information.