owlold Posted November 21, 2014 Report Share Posted November 21, 2014 By clients, I mean companies like BNY Mellon, JP Morgan Chase, State Street to name a few. The question is, can an attorney provide ill-advise about a candidate's H1b status to a Client who relies on make a decision after selecting the candidate for a job after several rounds of interviews ? The ill-advise can include assumptions that USCIS may reject the H1b transfer, estimating the probability in terms of pass/ fail predictions. 1. Scenarios like missing 1 month payroll : The Attorney advised the client that the selected candidate for VP role is "illegal for sure" and needs to be deported 2. Scenarios like H1b is under consular processing : Attorney advised client to terminate candidate's visa and offer a one way plane ticket with employment termination letter. 3. Scenarios like previous H1b is under consular processing : Attorney advised the client to not select the candidate even though the HR is very pleased and is about to send the offer letter. Attorney "assessed" the H1b and legal presence internally and decided that instead of offering a new petition or transferring the H1b, it is good for the client to reject the candidate, therefore informed the candidate that this person is illegal and should not be selected There are numerous grounds on which a Legal valid H1b is deemed illegal because of these attorney's lack of knowledge (or) alleged 'patriotism' which is not fruitful because they are depriving US govt the tax money which their illiteracy couldn't compensate for. I want to find a way to sue the hell out of these attorneys. The 'waste' or 'loss' could be estimated by the budget the project had allocated for this role. I have had 18 rejects so far by major firms that have these 'jalra' attorneys who are uneducated, steal degree certificates and trade I-797 for sure. While not everything can't be confiscated and proved, I have some recorded audio on my cell phone. Please advise, I am ready to go to any extent to shut them up ! Link to comment
JoeF Posted November 22, 2014 Report Share Posted November 22, 2014 If a person on H1 didn't get paid, such person is indeed out of status, i.e., illegal. So, the lawyer stated the correct thing. It is rather you who seem to lack knowledge about the rules... Link to comment
ashuneel Posted November 22, 2014 Report Share Posted November 22, 2014 The attorney is hired by the sponsoring employer. It is the duty of attorney to give best possible advise that would benefit the employer and not the prospective employee. Attorney should not recommend filing petition and wasting employers time and money if attorney thinks that petition will be rejected. You cannot judge if the advise given by attorney is good or (ill-advise) bad. Link to comment
jairichi Posted November 22, 2014 Report Share Posted November 22, 2014 Depends on the position you occupy in the current organization. If you are one at top of the ladder of your organization and deals with clients then look for a good immigration firm like Murthy law firm and contract their services. Otherwise I do not think much can be done. Link to comment
pontevecchio Posted November 23, 2014 Report Share Posted November 23, 2014 Maybe give an interested reporter in the local newspaper the facts. Link to comment
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