Monroe, NY asked in Employment Discrimination, Employment Law and Immigration Law for New York

Q: Do I have a case. Will an attorney consider my case as discrimination or mediation with my Employer

I am working on EAD for City Agency since 2015. I got married in 2017 and requested employer for H1b(Cap exempt based on pending AOS), so my spouse can join me in USA on H4. Employer denied me, though, he has been applying H1b for other employees. I am separated from spouse for last 2 years and for next 4-5 years till my Green card received and she follows to join.

Can an attorney do meditation with my employer, for h1b, based on emotional distress caused due to separation of family or do I have a case against my employer on any ground :-

For discrimination.(Other candidates receiving h1b may be same nationality as me).

Or case with EEO, as, I have been put in a situation to choose between job and family.

Or case with human rights commission, as i have been put in an unfair lifestyle, to stay away from spouse for 6-8 years.

I am at a point to leave this job( civil service title and benefits) and find other employer who can sponsor h1b.

1 Lawyer Answer

Leonard R. Boyer

Answered
  • Immigration Law Lawyer
  • Brooklyn, NY

A: There is probably know way to "force" your employer to help you bring your spouse to US, nor keep you as an employee. You really need to retain an experienced immigration attorney to find out your other options. H1B is not a Visa that will enable you to have what you want and there is no legal basis for your to sue your employer for emotional distress. Trump administration guidelines for summoning legal and undocumented immigrants before an immigration judge to start deportation procedures will expand again starting on November 19, 2018. The U.S. Immigration and Citizenship Services (USCIS) recently announced that its officials will have more leeway to issue so-called Notices to Appear (NTA) if an immigration benefit request has been denied. USCIS started to implement a new protocol on October. 1, 2018 that expanded the number of reasons for issuing NTAs — a document issued to non-citizens instructing them to appear in immigration court. The NTAs traditionally mark the beginning of a deportation procedure. But now if their application, petition or benefit request gets turned down, their presence in the United States becomes immediately unlawful. So now more than ever you need an experienced immigration attorney for any immigration benefit that you seek or you could be deported. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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