# Do I have a case?



## Britabroad5 (Oct 1, 2008)

I coach sports in the US College system and have been in the US for 7 years. I am currently on an H1b work visa. After a year of being asked by a buddy to come work for him at his college I finally went there on 1st April to check out the place and interview. I met with all the people at the school including the college president who is an Australian and on a green card. We talked about work visas and green cards and how I needed those parts. The school took a week to offer me a position as they tried to decide what they would do with the visas. They offered me a position but said they would not fund the visas. The job was more money than my current one so I accepted on the 12th April. I gave my current job the 5th of May for my last day and planned on moving to the new college in a different state on the 9th-10th May for a start date of May 16th. I had a month from being offered the position to get the visa info needed and I had filed a succesful H1b so felt ok doing so again and didnt have the funds to pay for a lawyer as I had to pay for filing costs and premium processing. 

I let the new college know what documents I needed from them such as an offer letter and some answers for the I-129. Over the period of a couple of weeks these werent forthcoming. I spoke to my friend who tried to push but said it was just slow going getting the information. As we got into May, I said that I would just move up there and get it done face to face and file once I was there. Not ideal, but again working in education with an uncapped h1b number I know they are pretty straightforward. On May 8th, the day before I was supposed to move they called and pulled the offer. I had a truck reserved the next day and was able to cancel but it has left me jobless as I had finished at my previous school. It took 10 days to find out what had happened but basically they decided that they needed to look more into what a work visa was and if I would get one and decided to pull the offer as they didnt know how they worked. I have been able to have very little contact. My 'friend' has disappeared and I feel that they probably shouldnt have offered the job in the first place if they were not sure and someone up there has not done their job. As a result it is likely that I will have to go back to the UK as it is not a good time of year to find work in my field. I have a leased car and a dog which further complicates things but am furious that I left a job, did everything above board and now am having to go back home after 7 years here. 

Are they liable for anything? Morally they have behaved terribly, especially with being a collere affiliated with an order of nuns!


----------



## Fatbrit (May 8, 2008)

Britabroad5 said:


> I coach sports in the US College system and have been in the US for 7 years. I am currently on an H1b work visa. After a year of being asked by a buddy to come work for him at his college I finally went there on 1st April to check out the place and interview. I met with all the people at the school including the college president who is an Australian and on a green card. We talked about work visas and green cards and how I needed those parts. The school took a week to offer me a position as they tried to decide what they would do with the visas. They offered me a position but said they would not fund the visas. The job was more money than my current one so I accepted on the 12th April. I gave my current job the 5th of May for my last day and planned on moving to the new college in a different state on the 9th-10th May for a start date of May 16th. I had a month from being offered the position to get the visa info needed and I had filed a succesful H1b so felt ok doing so again and didnt have the funds to pay for a lawyer as I had to pay for filing costs and premium processing.
> 
> I let the new college know what documents I needed from them such as an offer letter and some answers for the I-129. Over the period of a couple of weeks these werent forthcoming. I spoke to my friend who tried to push but said it was just slow going getting the information. As we got into May, I said that I would just move up there and get it done face to face and file once I was there. Not ideal, but again working in education with an uncapped h1b number I know they are pretty straightforward. On May 8th, the day before I was supposed to move they called and pulled the offer. I had a truck reserved the next day and was able to cancel but it has left me jobless as I had finished at my previous school. It took 10 days to find out what had happened but basically they decided that they needed to look more into what a work visa was and if I would get one and decided to pull the offer as they didnt know how they worked. I have been able to have very little contact. My 'friend' has disappeared and I feel that they probably shouldnt have offered the job in the first place if they were not sure and someone up there has not done their job. As a result it is likely that I will have to go back to the UK as it is not a good time of year to find work in my field. I have a leased car and a dog which further complicates things but am furious that I left a job, did everything above board and now am having to go back home after 7 years here.
> 
> Are they liable for anything? Morally they have behaved terribly, especially with being a collere affiliated with an order of nuns!


There's a possible civil contract case in there. But I really couldn't see anyone taking it on a contingency, so you'd have to stump up for the lawyer beforehand. And I can't see dollar signs.

Other notes:
Your H1b was at the time limit, anyway.
The sponsor must pay for certain parts of the H1b costs.
You can't self-file for an H1b -- the sponsor must file.


----------



## Britabroad5 (Oct 1, 2008)

Fatbrit said:


> There's a possible civil contract case in there. But I really couldn't see anyone taking it on a contingency, so you'd have to stump up for the lawyer beforehand. And I can't see dollar signs.
> 
> Other notes:
> Your H1b was at the time limit, anyway.
> ...


I had been on the H1b for 3 1/2 years as the rest was covered by a student visa and OPT. For job I just left I did all the paperwork and then had the HR person sign it. They too wouldnt pay for any costs being a small college and having no experience of international visas. I had to pay for it too and it got approved for 3 years. I was about to renew when I went for this other job. One of the new job selling points is that a person there had experience filing green cards so was planning on doing that in the next 6 months.

Thanks for your reply. I figured as much but trying options.


----------



## Fatbrit (May 8, 2008)

Britabroad5 said:


> I had been on the H1b for 3 1/2 years as the rest was covered by a student visa and OPT. For job I just left I did all the paperwork and then had the HR person sign it. They too wouldnt pay for any costs being a small college and having no experience of international visas. I had to pay for it too and it got approved for 3 years. I was about to renew when I went for this other job. One of the new job selling points is that a person there had experience filing green cards so was planning on doing that in the next 6 months.
> 
> Thanks for your reply. I figured as much but trying options.


You could possibly have transferred your current H1b to your new employer had they been willing to work with you.


----------



## Guest (May 21, 2011)

Did you have a signed teaching contract for next school year, or just a verbal agreement to come to the new school?


----------



## Britabroad5 (Oct 1, 2008)

Verbal along with some texts and emails that just talk about the work. I had been trying to get the contract letter which should have been the first red flag. Obviously I should have got them to email me confirmation of the offer and date but with everything going on and my buddy being there I didnt. Was dumb on my part.


----------

