Bridging Your Employment Visa Status In the United States
Have you or someone you’ve known ever dealt with hostility or fear of one’s own Human Resource (HR) department or representative? Specifically, if you hold non-immigrant work visa status; and you have questions for HR about the progress of your work visa… you’re met with either being ghosted; or what appears to be a fire breathing dragon HR personnel who is angry and annoyed at your questioning; and so you cower and just hope all is well with your extension or change of status being processed by your U.S. employer.
Unfortunately, over the past 25 years our immigration lawyers have represented too many clients in this situation. We are hired to intervene when communication breaks down with one’s employer or the employer’s immigration lawyer. Expectedly, foreign national employees are panicked about possible loss of status in the United States and our lawyers successfully calm fears and cordially repair the employer-employee relationship while ensuring the integrity of the process; and timely filing of employee’s non-immigrant visa.
Typically, our clients are in the following categories: L-1 visa status holders, H-1B visas, F-1 students, OPT International students, and J-1 status to name a few. The client/employee’s status is ‘soon to be’ expired, and they have yet to receive a receipt notice from the U.S. Citizenship & Immigration Services (“USCIS”), or word from the employer’s U.S. Immigration lawyer that ‘all is well’.
Over the past 25 years our lawyers have worked with employers and employees. Thank goodness, most U.S. employers have empathetic H.R. departments. However, in the event one is unable to verify the timely processing of his or her work visa status, I have 4 important tips that will solve this situation and make you feel more in control:
1. Ask for a G-28 Entry of Appearance form. Your employer most likely has agreed to pay attorney fees to change or extend your status in the United States. However, it is important to ask for a copy of a G-28 entry of appearance from the immigration lawyer that shows he or she is specifically representing you as well, and not just the employer. This is called a dual representation. If you cannot access a copy of a G-28 entry of appearance with USCIS on your behalf, then your interest is not being represented, only that of the employer.
2. Request a consultation with a lawyer of your choice independent of the company’s lawyer. You may hire an immigration lawyer for a detailed consultation to review your file and provide a second opinion, or you may opt to hire your own immigration attorney to represent you through the entire process, and coordinate with your employer’s attorneys.
3. Always keep a request and copy of your legal file. Be aware, through immigration counsel, of all the steps and paperwork affiliated with maintaining or changing status with the U.S. government. For instance, in the case of an H-1B visa, you would ask your employer’s attorney for a copy of the LCA, I-129, H-Supp, Company Support Letter and Cover letter. (this is not an all-inclusive list, but an example). Also ask for a timeline of when the major steps such as LCA, will be completed and ultimately when the application will be filed with USCIS.
4. If you are asked to return to your home country by your employer due to error by an immigration lawyer or the Human Resource department…STOP and retain your own U.S. immigration counsel immediately before taking any action.
Well, if you keep those tips in mind, you can ensure yourself peace of mind and see the red flags where you should hire immigration counsel. You have worked hard for your U.S. status, and the eligibility to be employed in the United States. The cost of an error or missed step is too high. When an individual’s non-immigrant status is not handled diligently… heartache and significant loss is unavoidable for the employee and his or her family. So, take courage and do not fear a fire breathing dragon especially when it comes to bridging your status in the United States.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers (AILA).