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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 114029
Experience:  Immigration Law Expert
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I work in saudi arabia federal. They did not set up there

Customer Question

i work in saudi arabia for gilbane federal. They did not set up there business license in a timely manner to begin the project on time. The government of saudi arabia has allowed the compny to mobilize us to work with only a bussiness visa. Now the saudi government is insiting on the company to get us a saudi working visa ( iquama). So the company is requriring us to go home on our vacations to facilitate this process. I recently went to the US to do this in december 2015. The company hr department was supposed to get everything setup for me to get the required physical and the rest of the items needed for the visa process. However gilbanes hr department did not fullfill their tasks to achieve this. so my supervisor told them to cancel the whole thing that he needed me back in saudi asap. . All this was supposed to be done in a two week period. I was supposed to be there for two weeks of my vacation and two weeks for work related purposes. When they cancelled this left me with a hotel and car i had rented with my own money to facilitate the ability to get around to the various appointments and have a place to stay. I do not have a home in the US. The saudi government requires you to get the physical in the US and remain there till you get the visa back with your passport. This is why i rented a hotel. So i have returned to Saudi Arabia for work i was allowed to work for two months but now have to go get the visa again. I explaine dto my supervisor that i wa snot going back to the US he said i had to or i basically do not have a job. I explained that i have to stay out of the us 330 of 365 period in order to take advantage of the tax incentive from the irs. He said the company does not care about my taxneeds that is my problem. The company looks at it as i have to get the visa required to do the work in the country thats all. I told him that it was ok for the company to bring me here on the business visa to work so i had met my obligation for aquiring the visa. That i had given them the opurtunity to get me the visa which falls on them in my contract. That thru no fault of my own they did not get me the proper appointments and that they requested me to come back to saudi without the visa. I told himi i have 16 days i can spend in the states and still maintain my tax exemptiion as described abovE which starts on january 1st of this year and will expire on december 31 at the end of this year. The company is putting me in jepordy of loosing this because of their in ability to perform. It ampunts to about forty thousand dollars in taxes. Further they only expect to pay me for the hours running around to get the medical for the visa then they expect me to sit around and not get paid for thier incompentance. So with all the above i am asking what aremy option legally to counter their position. The courts of california have jurisdiction over this matter as it is written in h contract.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would have to sue the company for not honoring your contract to obtain your visa in a timely manner. They are not liable for your tax situation, but they are liable for honoring the terms of your contract in obtaining your visa AND the hotel and rental car incurred during the time you were forced to stay there waiting for your physical and visa completion.
So you can sue them for the costs incurred, not your tax losses, for their breach of contract and failure to obtain your proper visa in a timely manner.