OMFG! AGAIN?!?

Wow. I can't believe it.

I was released from my agency in Springfield, MO on 10/31/06, during the middle of a Mercury Retrograde phase. That sucked royally, but was a blessing in disguise. I would never have discovered Las Vegas otherwise. And this year...a repeat, per se?

I found a job within a month, and started within 2 months, on 1/8/07, to be precise. We did all the paperwork, and filed my H1-B case with my attorney. That made the most logical sense, since she handled my last two H1-Bs and has all my paperwork. Repeat business. My agency paid for half of the INS Filing Fees, and I took a small paycheck deduction for the other half until it was paid for.

I also received an invoice from my attorney stating the filing fees, as well as her processing fees (just under $2500). Well, naturally, I don't have such funds, nor did I want to bug my parents for an advance. They've done so much for me already, and I didn't want to tax them more. Plus it showed them that I am not an ungrateful leech. So what did I do? I paid $500 each month from my own paycheck, until it was paid off in June. In the past, my attorney went ahead and processed the application, and waited for my installments.

Well...not this time. She waited until June to file it, after she received the last of her payments. She never told me or my company this. This is where the problem starts.

Fast forward to early November 2007. I get a letter from her stating that the INS is requesting 2 items: a reinstituted $750 fee, and proof of my legal status for the 8 months prior to June 2007.

Now, let's backtrack a bit. I stopped working in 10/06 and started again on 1/07. Since there is no technically defined period for me to find a job, typically one to three months is the the standard. However, this doesn't fly. The INS is now requiring proof that I was employed in Springfield until June 2007. Employment can include "personal leave of absence, etc." and is technically acceptable. Also, if my previous agency did not consciously report to the INS and CIS that I have been terminated, then my H1-B with them remains valid.

Of course, this isn't the case. I forwarded the letter that my attorney sent me to Springfield in hopes that perhaps they'd sign it. Of course they didn't. In addition to being skittish, that is not what actually happened. As far as they're concerned, October 2006 was the cutoff date. They also don't want to get in trouble by faking dates. I don't want to get them in trouble either. That's bad karma right there.

Back to Las Vegas. I alerted my agency, and Kim, our HR director, lost it. Literally. She went through my entire file. She was under the impression that everything was going great. I was too. Neither one of us received any disclosure that the process will not be started until my attorney received full payment. That is what caused this whole ordeal. If we had known that, Kim and I would have worked out something to get the ball rolling. So now...it looks like I have been illegally employed...at least before June. And of course, this wasn't the case. In addition to potentially losing a valuable employee, my company is now liable for illegal hiring, if they get audited.

We called my attorney, but we were not able to get in contact with her. Instead, my attorney contacted me, explaining my options. A) Try a non-dated letter to my previous employer, or B) be prepared to fly home to Malaysia to collect my H1-B. She feared that if I told Kim, I would get terminated. Another thing she mentioned is that I could get an entire new H1-B, which I will still have to collect from Malaysia before March 2009, and I will not be out of legal status that way. However, my employer will be considered to have hired an illegal worker until the new visa is collected. All in all, its not much of an alternative.

Now here's a bit of a silver lining. Because I have been a stellar, productive employee, my supervisors are all for me coming back. In short, I still have my job, regardless.

Kim contacted her immigrations attorney (ironically, also in Atlanta), and he requested all my paperwork. He then called back saying that I need to stop getting paid immediately. What my attorney is doing is borderline malpractice. In short, a clusterfuck of a mess. Since it was a Friday afternoon, he's going to call my attorney on Monday and try and solve this mess. If that doesn't work, then my company's actual attorney in Las Vegas will step in to continue the case. I will be kept notified of the whole process.

So on Friday, I finished all my assignments, and notified all the people I needed to notify. My news spread like wildfire through my department. Everyone was saddened to see this happen to me, especially since I myself didn't do anything wrong. I retain my keyfob, my desk is still there, with my computer and all my personal files and belongings. My employee benefits are still effective for me. I will receive one last paycheck, plus all my unused vacation hours.

As of Monday, 11/12/07, I go on unpaid personal leave of absence. For how long, I do not know. For at least 2 weeks, I assume. I will resume my job the moment this case is cleared. If I have to leave for a few months, they will terminate me, and reissue a job offer to me. I just have to redo all the paperwork.

In the meantime, all I can do us stay optimistic and be on the down low. And that is not easy. Rent, bills, much less anything else that may come out of this. I think i will suddenly be able to catch up on Final Fantasy and my anime dvds. Maybe even lose weight.

I want to say one thing. My employer rocks. Not many will go this far. And they have. And I still have my job. I am eternally grateful. In the meantime...help!