[Cssa-L] how to bring up H-1B topic with your boss

[Calvin Sun]

Happy new year, sorry to bother those who are not interested, and sorry if
the points I am about to make are obvious or already familiar.

 

I have spoken with a few people who are in OPT, and who have told me that
they are uncomfortable with bringing up, with their boss, the topic of
getting H-1B status.  If you feel this way, here are some thoughts and
suggestions.  £Éhave never had to ask for H-1B status, but from experience
in consulting about and teaching classes on communication, I believe my
suggestions might be helpful.

 

First, remember Sun Tzu, and his advice, from "The Art of War," about
knowing the enemy and knowing yourself.  In other words, look at the
situation from your boss's perspective. In particular, ask yourself how your
boss and your company would benefit from petitioning for H-1B status for
you.  Even though you yourself would benefit, that idea should NOT be the
basis for talking to your boss.  In other words, avoid talking about why you
yourself would benefit from H-1B. Simply put, your boss probably doesn't
care.

 

Second, try to get away from thinking that H-1B is a matter of "you versus
your boss."  Instead, think of the issue as being one where you and your
boss have a common objective, i.e. the need to solve an immigration
problem--namely, that unless something happens, you will need to stop
working at a certain point in the future, namely, when your OPT ends.

 

So if we combine these two ideas, we can bring up H-1B in the context of
alerting our boss to a potential problem. The boss needs to realize that we
might not be there in the near future.  On the other hand, if your continued
presence is something the boss wants, then you can discuss how to resolve
the issue--namely, via H-1B status.  By getting this status, the boss avoids
disruption in work, continues to have someone to work with clients or
customers and gets to keep a valuable employee.  You also look like a genius
to your boss, in that you have identified a problem, but also have a way to
solve it, thereby making your boss's life easier.

 

This previous paragraph illustrates my third point: do not think, by
discussing H-1B, that you are asking for charity or a handout from your
boss.  Think of yourself as someone who is bringing value to your company
and to your boss.  Therefore, the decision about H-1B, from your boss's
view, should simply make good business sense, because the cost of doing it
is far outweighed by the value you bring.

 

If your boss is American, you can try the "bad news / good news" approach,
which is a common form of American humor, and one therefore that your boss
will recognize.  Your conversation might go like this: "Boss, I have bad
news and I have good news.  The bad news is that unless we take action, I
will need to leave this job on or before [date].  The good news is that I
know how the action we need to take."

 

I hope these suggestions are helpful to you.

 

I would appreciate hearing from anyone, off-list (that is, by contacting me
directly) on how the matter of how, while you were working in a job, you
handled this issue yourself.   That is, how did the subject of your H-1B
status arise?  Did you first bring it up with your boss, or did your boss
first bring it up with you, or did someone else (e.g. human resource
department) bring it up?  Also, when did it come up?  When you first
interviewed for OPT, or only after you already were working in the OPT job?
If you were the one that brought up the matter, how did you approach it, and
what arguments did you use to convince your boss, if your boss needed
convincing?

 

Thanks.


Calvin Sun, attorney at law ŒO×Գɣ¬ ÂÉʦ
1776 East Lancaster Ave. #306
Paoli, PA 19301
610-296-3947
Pr. 17:15  óðÑÔ17:15
csun at calvinsun.com
www.calvinsun.com
http://yi2min2.blogspot.com/
http://www.avvo.com/attorneys/19301-pa-calvin-sun-1935383.html

 

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