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Hello, I was not expecting a personal injury attorney to answer the question. Therefore the answer is clearly not to my satisfaction.
But thanks anyway, I hope I was not charged the $30 for this.
Sorry Paul, yeah the category did confuse me.
Now, you said you represent employers with employees in my situation. However, I was hoping for the reverse representing employees in my situation and what I need to pursue this, or may be you are the better one to tell me how employers think about it. I don't know. All I know is I was done wrong and I have paid an immense price.
But I can tell you this. That company had an insane turn over rate of engineers like me. They had done many H1Bs, green cards and many had also left them right after receiving green cards because of dirt low wages. The company and the law firm had already filed numerous green card labor petitions and were partners in crime, that is how I feel.
As soon as I was given the clearly suspicious and devastating reason that there was a computer glitch, (Really?!), I knew I lost the golden opportunity. I knew right away that the law firm and the company discussed internally on the best way to make my labor petition fail, or may be just give me a false reason. This type of a labor petition is not something they were doing for the first time just for me.
Since then I lost many better and higher pay opportunities, my wife has not been able to get work authorization due to the missed opportunity in the software industry, I have not been able to file my adjustment of status until now and almost every day for the past 6 years, I have endured a lot of mental torture and emotional pain in discussions with my wife. She has lost her most productive years and is now therefore lagging behind her peers and has suffered immense loss of self confidence and emotional pain.
There is not a day that goes by without us thinking how much better our lives would have been if only we had filed that I485. The only reason I waited so long is because I know they still hold my I140 petition, on the basis of which I am now finally filing my I485 on Aug 1st. So I am afraid to pursue any legal action before I get a green card.
I really need to sue them for the gross injustice (the company, the parent company now based in France and the law firm). I heard from other employees that the VP of engineering was a crook and a womanizer, adopted these kinds of illegal strategies and suppressed wages especially those of international stress engineering employees like me on temporary VISAs as a policy due to the high turn over rate.
I need to pursue this, for me and my family. I need help, Please!
Paul thanks for the response.
I understand that filing suit would actually follow after getting the detailed perspectives from both the employer and the law firm. Both were negligent at the very least. The employment offer had mentioned there is no contractual obligation, and both parties are at will to terminate.
I was never out of the country. However, the the employer is always able to withdraw my H1B and my I140 petitions if I make noise, which would have forced me to leave the country and in addition I would have lost my place in the line for the green card and everything I worked for. I believe these are all very valid reasons for my delay in filing suit and therefore get an exception to the statute of limitations in CA.
But it is not clear to me who I'd have to hire and where to begin, how much do such things cost at least for the initial legal inquiries to confirm that there was gross negligence. Can one attorney do this for me who is an immigration law and also an employment law attorney? I'd think in a state with one of the highest number of immigrants, these specialties should be common.
Another question is if I am able to prove their negligence, what kind of compensation could I expect roughly?
OK Paul thanks so much. I think it gives me a direction. But can you give me some pointers on how to choose a good attorney on those websites and in general? What if I cannot afford high fees?
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