Hi,
I've run into a bit of a nightmare scenario and have a few questions - before I ask them, here's a little background on my circumstances.
I've been working in the US for 5 years on an H1-B visa and have ran into some trouble recently while tranferring to another employer. I'm originally from the UK.
I left Company A (private) in April 2007 to work for Company B (state government). They filed the I-129 to transfer the employer, and so that original visa was good until January 2008 (when the I-94 expired also). They actually messed up the I-129 - the forgot the file the LCA, but USCIS overlooked it and allowed me to continue employment while they filed it.
In November of 2007, I told me employers that they had to file another I-129 to extend my stay for another year. They were happy too, and tasked my supervisor (a software engineer with no HR/immigration experience) to fill out the I-129 and they (Human Resources) would sign it and send it in.
In early December, they sent the I-129 for the first time. It was REJECTED because it didn't have some supplemental attachment. In mid-Decemember, they sent it in again. It was REJECTED AGAIN for missing signatures. They sent it in a THIRD time in late December (in the exact same state as it was rejected the second time), and AGAIN, it was REJECTED.
When it was rejected the 3rd time, I was out of status. They advised me to speak with an immigration attorney - he advised them that I could continue working for them TOMORROW if they sent in the I-129 today, but that he reviewed their I-129 and "found numerous errors some of which would led to the denial of the application or even resulted in liability on the part of Company B". I also spoke with our local senator's office in depth, and they agreed with the immigration attorney.
Apparently, it's a "gray area" of the law - because the immigration attorney couldn't show my employer eveidence showing that it was legal to hire me while my petition was pending (or at least, "received" by USCIS) they weren't willing to keep me employed. They terminated me.
The sob story: My fiancée and I eloped (Las Vegas) and are out thousands of dollars in immigration attorney fees to file my green card application. My wife is 36 weeks preganant. Commutes 3 hours a day. Works full time. Is taking 3 classes per semester towards her MBA. I still can't work as I don't have my work authorization. There's quite a financial as well as emotional impact as I'm sure you can imagine. We have a $2k mortgage, 4 pets, a baby on the way and zero left in savings (a few thousand in C/C debt at the moment).
2 immigration attorneys, and two representatives from a Senator's Office have told me that I have a solid case against Company B, but "good luck finding an attorney who'll take the state to court.
Here are my questions:
1. My attorney advised me that I could file for unemployment benefits as soon as I received the receipt notice for my green card. The Dept. of Work Force Solutions say I need my alien registration card before they can approve the payment of benefits. Who is right?
2. When I first joined Company B, they told me that I had to fill out the I-129 and pay the fee (I don't have that in writing). They are a state agency (200-300 employees) and have never hired foreign nationals before. Do I have grounds for suing them? If not, is there anything I can do to get them heavily fined by USCIS? I do have a written letter from the Directory of the Agency addressed to the Senator stating that they wanted to keep me that I'm a valuable contributor, etc. and they (Company B) made errors on my I-129.
I've spoke to several personnel/HR attorneys here about the case - most aren't interested in the case, can't take the case because they work with the State Government, or I find myself spending 2 hours trying to explain what I know about immigration law to them.
Any advice/thoughts would be gratefully accepted!!
- Best regards,
Elpear1
I've run into a bit of a nightmare scenario and have a few questions - before I ask them, here's a little background on my circumstances.
I've been working in the US for 5 years on an H1-B visa and have ran into some trouble recently while tranferring to another employer. I'm originally from the UK.
I left Company A (private) in April 2007 to work for Company B (state government). They filed the I-129 to transfer the employer, and so that original visa was good until January 2008 (when the I-94 expired also). They actually messed up the I-129 - the forgot the file the LCA, but USCIS overlooked it and allowed me to continue employment while they filed it.
In November of 2007, I told me employers that they had to file another I-129 to extend my stay for another year. They were happy too, and tasked my supervisor (a software engineer with no HR/immigration experience) to fill out the I-129 and they (Human Resources) would sign it and send it in.
In early December, they sent the I-129 for the first time. It was REJECTED because it didn't have some supplemental attachment. In mid-Decemember, they sent it in again. It was REJECTED AGAIN for missing signatures. They sent it in a THIRD time in late December (in the exact same state as it was rejected the second time), and AGAIN, it was REJECTED.
When it was rejected the 3rd time, I was out of status. They advised me to speak with an immigration attorney - he advised them that I could continue working for them TOMORROW if they sent in the I-129 today, but that he reviewed their I-129 and "found numerous errors some of which would led to the denial of the application or even resulted in liability on the part of Company B". I also spoke with our local senator's office in depth, and they agreed with the immigration attorney.
Apparently, it's a "gray area" of the law - because the immigration attorney couldn't show my employer eveidence showing that it was legal to hire me while my petition was pending (or at least, "received" by USCIS) they weren't willing to keep me employed. They terminated me.
The sob story: My fiancée and I eloped (Las Vegas) and are out thousands of dollars in immigration attorney fees to file my green card application. My wife is 36 weeks preganant. Commutes 3 hours a day. Works full time. Is taking 3 classes per semester towards her MBA. I still can't work as I don't have my work authorization. There's quite a financial as well as emotional impact as I'm sure you can imagine. We have a $2k mortgage, 4 pets, a baby on the way and zero left in savings (a few thousand in C/C debt at the moment).
2 immigration attorneys, and two representatives from a Senator's Office have told me that I have a solid case against Company B, but "good luck finding an attorney who'll take the state to court.
Here are my questions:
1. My attorney advised me that I could file for unemployment benefits as soon as I received the receipt notice for my green card. The Dept. of Work Force Solutions say I need my alien registration card before they can approve the payment of benefits. Who is right?
2. When I first joined Company B, they told me that I had to fill out the I-129 and pay the fee (I don't have that in writing). They are a state agency (200-300 employees) and have never hired foreign nationals before. Do I have grounds for suing them? If not, is there anything I can do to get them heavily fined by USCIS? I do have a written letter from the Directory of the Agency addressed to the Senator stating that they wanted to keep me that I'm a valuable contributor, etc. and they (Company B) made errors on my I-129.
I've spoke to several personnel/HR attorneys here about the case - most aren't interested in the case, can't take the case because they work with the State Government, or I find myself spending 2 hours trying to explain what I know about immigration law to them.
Any advice/thoughts would be gratefully accepted!!
- Best regards,
Elpear1