Changes to L1 contract

[StoryAngel 4]

I'm posting on behalf of a friend who's been in the US for approx 5 years on an L1. As part of his contract he had repatriation coverage (back to the UK). The company is making some changes to his contract, and has said that repatriation/relocation costs may be removed. This would mean he'd have a very small window (30 days I think) to move his entire family back to the UK with no help, if his position was terminated. He's asked if they'd consider switching him onto a US contract and there is the possibility of that happening, and because of the nature of my friend's work the company could probably apply for his GC. However, he is understandably concerned that they may change his UK contract while he's on L1 and leave him with little security or reassurance of being able to stay here, or having help relocating. Is there any protection built in for people in such situations? I'm a GC holder who came here on a K1 so it's not my area of expertise, but I figured some friendly VJers may be able to assist.

[Harsh_77 718]

Not that I am aware of, it seems the conflict is between the L1 holder and company he is working for, is it a contract or company policy?

Even if it is contract and changes are being made at the time of renwal of the contract, it is his choice to sign the new contract or not to sign the contract.

If your friend feels the new contract is not covering him, he can ask his company to send him back and bear the cost as per their existing contract.

[StoryAngel 4]

Thanks Harsh_77. I spoke with my friend and he said that what they're trying to do is change his contract from an international one (with the relocation provision) to a local one (without said provision). My friend feels this is a super risky option when on an L1 but I didn't know if it was "allowed" to change a contract in this way (albeit a crappy thing to do). And yes, you're right, he could refuse to sign and have the company send him back under the existing contract. However, he's pretty established here; his wife is too (on an L2), kids in school etc. It would be a huge upheaval that really they don't want.

Can he apply for GC himself or does he have to allow the company to do it, seeing as he's on an L1?

[Harsh_77 718]

Thanks Harsh_77. I spoke with my friend and he said that what they're trying to do is change his contract from an international one (with the relocation provision) to a local one (without said provision). My friend feels this is a super risky option when on an L1 but I didn't know if it was "allowed" to change a contract in this way (albeit a crappy thing to do). And yes, you're right, he could refuse to sign and have the company send him back under the existing contract. However, he's pretty established here; his wife is too (on an L2), kids in school etc. It would be a huge upheaval that really they don't want.

Can he apply for GC himself or does he have to allow the company to do it, seeing as he's on an L1?

Unfortunately that is the risk anyone takes when they accept a job on H1 or L1, I would not think he is something extra ordinary case. There are hundreds of families who come to US on L1 stay here for few years and then return back when the job is finished.

That would be his personal choice if he would want to return or continue on the new contract, legally there is nothing wrong with what his company is doing.

As far as I know his company needs to file for GC.

[StoryAngel 4]

That's what I suspected but I wasn't 100% sure. Good to know that he can't apply for the GC on his own; again, thought it best to check.

[kzielu 1,148]

That's what I suspected but I wasn't 100% sure. Good to know that he can't apply for the GC on his own; again, thought it best to check.

He has no grounds to file for GC. All you wrote above in terms of switching contacts is allowed under L-1 and is not really a visa issue - it's an agreement between him and company. As Harsh wrote - he can be sent back at anytime.

[StoryAngel 4]

The reason I raised the question about the GC is it's possible the company will apply for it for him. My understanding is that can happen, it's just he can't apply for the GC himself as he's here on an employment-based visa.

The reason I raised the question about the GC is it's possible the company will apply for it for him. My understanding is that can happen, it's just he can't apply for the GC himself as he's here on an employment-based visa.

[kzielu 1,148]

The reason I raised the question about the GC is it's possible the company will apply for it for him. My understanding is that can happen, it's just he can't apply for the GC himself as he's here on an employment-based visa.

Company can always apply for GC for him, question is will they want to...

[Boiler 45,319]

GC could have been applied for 5 years ago. If they do not want to go that route he will be going back soon anyway.