- Because they read it closely but didn't interpret it correctly.
- Because they brought it up and their counterpart said "don't worry, that's boilerplate and we've never actually used that clause".
- Because the alternative was signing a contract that had no relocation/hiring bonus.
- Because they needed a job, and that's what was there.
- Because they really really needed a job to keep health insurance or their visa, and they had no leverage.
- Because they had leverage, but were too inexperienced in negotiations to realize it.
- Because they had leverage, but were not comfortable using it, and were taken advantage of.
There's lots of reasons, of varying quality, that someone may do something that seems ridiculous to you. Why are you implying that the (hypothetical) losing party here is the one who's done something wrong?
I have actually been in a somewhat similar situation myself and I had spent hours googling all the legalese and running the "worst case" simulations in my head before signing it. And my understanding of possible paths and their consequences was very helpful later when the corporate politics unfolded the wrong way and it helped me exit the situation with a net plus.
It seems like a bonkers practice to me. I understand that it is important to hire good people. But this could be delegated several levels down, at least for entry-level hires. I suppose the top dogs could worry about promotions and hirings starting at the level of the junior managers, if they wanted to.
Your position may have been opened before the layoff decision was made, so they decided to leave it open so as not to raise suspicions (managers will rightfully get upset if headcount is taken away from them with no explanation). They might've know the number of people they needed to cull in January, but not decided where it would happen.
There's a lot of work in Seattle. If you're cunning maybe you can get a second hiring bonus in Q1 2019.
And yet it is always the low-level folks who get fucked, while the executives who make the lay-off decisions often are rewarded with promotions and bonuses at the end of the year.
If you're unsure/nervous, talk to an immigration lawyer. A 1 hour consultation is quite affordable.
It should also be noted that this 60-day margin is a recent (2015 or so) relief by the Obama administration that for some reason managed to fly under the Trump radar of undoing Obama's immigration-related reprieves.
Before that, you would technically be in violation of status literally the next day of the firing. Imagine living in the US legally for 10+ yrs, having a house and kids here who are American citizens, and suddenly be in violation of status and expected to pack your bags and leave the next day coz you got laid off.
I see a lot of (well-justified) anger on HN against H-1B etc. but most citizens don't know what perversities our so called 'highly qualified' labor pool has to deal with. These are unique to the United States, btw. No other developed country has such a ridiculous work visa system.
I’ve pointed out this awful situation where you can not afford to ever get let go from your job under any circumstances without jeopardising your life and your family’s life. In response I get “well if they’re so highly skilled, why are they getting let go?” Ask that question to the top comment on this thread, if you think it’s a fair one.
Every year H1Bs need to go back to their home country to get their visa stamped. Why can’t they just go to a government agency within the US? Fuck if I know.
Switching jobs again is a huge pain. A friend of mine has been waiting in India for a few months for his visa to be transferred from one company to another. Imagine if he had kids who were going to school.
But you think this is temporary right? Eventually you get a Green Card and everything gets much better. Wrong. If you’re Indian it could take anywhere between 15 to 20 years to get that Green Card. You will be living the life of a H1B until then.
Contrast all this to my experience in Europe. I got my visa within 2 weeks. I’m treated with respect here. There’s a clear path to Permanent Residency here - just stay in the country for 5 years on my current visa. There’s a clear path to citizenship if I want it - just be a Permanent Resident for 1 year. I don’t get jerked around with stamping requirements. My spouse can work without worrying about rule changes.
Of course, the vagaries of the H1B program along with the indignities and suffering that people go through might actually be a feature, not a bug. The goal could be to create a “hostile environment” to keep the bad sort out. In that case it’s doing really well.
Unless you are filing as EB1, expect to (and plan to) not get it in your lifetime unless the govt changes something.
I'm asking mostly rhetorically (since I know of a handful of people that applied as well as got their non-EB1 green cards within the span of my lifetime), but slightly curiously as well (if you know any recent trends, etc).
Plan to is absolutely the best advice as far as I'm concerned
As an American-born person my frustration with H-1B is twofold: lower wages and abusive treatment of employees. Perspective taking and empathy can be hard when you're talking about a situation you can't relate to but that hardly excuses the atrocious behavior on the part of employers.
> Before that, you would technically be in violation ...
The word technically is my point. Nobody was actually treated that way in reality, and lawyers know what's real and what's just theory.
My H1B info is second hand and 10+ year old, so don't take it at face value, but the same goes for what this kinkrtyavimoodh persona says :)
Me: "Do I have to pay back sign on bonus and relocation? I've been here for less than 2 months."
VP: "You were supposed to, but I pushed it back to the management. Now you are forgiven. That's a very good question."
Me: ......................&^#^(%#&)@!
Today mark as my first out-of-employment day. I am on H-1B, which is an even worse situation. I'll need to find a new job ASAP :(