Lee wrote on 04/23/08 07:53:
> 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?
Neither. You need to be willing and able to work in any job to be eligible for
unemployment benefits.
That means you need to have unrestricted work authorization. That is either the
actual Greencard (alien registration card) or an EAD (Employment Authorization
Document.) You can apply for an EAD only once your I-485 is pending. There is no
"receipt notice for a greencard". There are receipt notices for the various
applications and petitions needed to get a GC.
> 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.
They should have hired a lawyer. Filling out these forms without the help of an
immigration lawyer is folly, unless they have the experience.
Some H1 fees absolutely have to be paid by the employer, as per labor law.
You don't have any standing in suing them. It is their petition, not yours. You
are only the beneficiary.
Again, these are all things an immigration lawyer knows.
> 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.
Here is a checklist about finding the right immigration lawyer:
http://www.visalaw.com/hal.html
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |