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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Sorry to make this so long, but all mUST be told! My wife came here April 24, 2013. (K-1 visa) We were married, 6-22-2013, AOS, about 5 months later, EAD/AP was in about 70 days.

She went to work for what I think is the biggest hotel chain in the world, here in South Carolina.

I recently discovered that a massive amount of "racial discrimination" was being directed her way by co-workers, and the "ring leader" is the manager of her department. She also filled out an application for one job, as directed by the GM of the resort, but when she reported to work, she was informed she would be assigned a "lesser job".,.,.,.,but was told by the GM, that "she would 'slide' my wife into the original position in a month or two".,.,,,.,.,.then she was transferred, and now no one knows anything about what job she was supposed to be doing!!!!

The previous GM who hired her, "denied" everything! But, the H.R. department had the original application, so she had to retract some of her denials, and is now, just hoping this situation will just fade away. I ASSURE YOU, IT WILL NOT!

We have went "by the book" about bring the discrimination and the job situation, from talking to immediate supervisor, then to the GM.,.,.,,.still no relief, except her co-workers barely speak to her now, as they are afraid to.

So, I am now going to send a certified letter to the H.R. Manager in Myrtle Beach, requesting a face to face meeting, BEFORE, we turn it over to our attorney. At this time, we just wish for the company, to make good on its word, and the "racial discrimination" be stopped completely.

The President of a large landscaping company was responsible for her getting the job there, and he is willing to go to the meeting, and tell the truth of the lies and deception. He saw it all happen, and was told by the GM, before she left, that she was going to put my wife in the proper position.,.,.,.,but ran to her new job in Tennessee!

My real question is this: I know I am responsible, totally for 10 years, we have no problems,and get along great.

Can someone, tell me something I can use that is USCIS law, or USA law, that allows me to be able to speak for my Filipino wife, as she has never seen such lies and deception. Her company does not want to talk to me even after, my wife gave her permission for me to be able to speak for her.

I just need something from a govt. agency I can quote, that would get their attention, so they will have to deal with me.,.,.,.,as I want to fight this battle. She know nothing of how to fight USA lies, discrimination, deception!

How would you like to fill out an application for a school teacher, and it be accepted, told to report for work, and after orientation, the employer, hands you a mop and broom, and tell you.,.,.,."this is where you have to start!!!!!"""

Please, any info. would be helpful.,.,.,..,.,and yes we have an attorney on retainer.,.,.,.,but we are trying to settle peacefully, with no compensatory damages at this time.

Posted

You go ahead and do whatever you think you need to do. But keep in mind, that during the first 90 days or so you gal will be on a "probationary period." And, during this time she can be let go for any reason.

Best of luck!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

She has been there 10 months! I see so many "reads" and only one response, which said nothing!

Carton25.,..,.,you must not understand the words "racial discrimination".,.,..,,which I will not go into.,.,..,.,it is mind "blowing".,.,.,.what has been done!

I would love to see TBoneTx.,.,.,.A&B.,.,..,Rhyan H..,.,.,.,.,or one or the moderators comment on this.,.,.,.as I really need something, if it exists, from USCIS of some govt. agency.,.,.,say something about an immigrant here 1 year and 6 months.,.,,.,.,work 10 months.,.,.,.,and be treated like a slave, and constantly "harassed".,.,.and in general making her life miserable.,.,.,.,.,.AND she is excellent at what she does!

Why would she be the one person in her department, to be assigned the job of OJT coordinator, take all the classes on-line weeks at a time.,.,.,(no extra pay) .,.,and have 9 certifications, in classes completed. Then pass the test and make 100%!!!

I WILL TELL YOU WHY.,.,.,.,.,no one else in that department.,..,.,,.."""IS , WAS intelligent enough to get through the training.,.,.,.,.,.,!!!!!!

My wife is very intelligent, and computer literate!

I cannot believe a "fellow Filipino person" like me.,.,(we both have Filipino wives) would say such a crude remark.,.,.,.which had nothing to do with the situation!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

While you might have cause for remedy, you are traveling down a long and difficult path.

How important is this particular job in the grand scheme of things? There aren't any other opportunities where you live that your wife can pursue? Pursuing this may sour the work relationship and while the company will have to toe the line in terms of employment law, "difficult" employees can be managed out of the company fairly easily. I am saying "difficult" only in the sense of blowing this issue up with the company HR.

It is quite common for people to get hired into jobs and then end up doing not exactly what they originally expected. In my company, we always have the line "other duties as assigned" in our job descriptions because sometimes you need to do things that outside the area of the specific job title. Just a reality of working at many corporations.

Edit: I forgot to add that you may want to have a consultation with an attorney who specializes in employment law and workplace discrimination cases....

Edited by _Paul&Jesica_

K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

Filed: Timeline
Posted

So, when she showed up to work she was given a 'lesser' job than she had applied for. Less responsibility? Less pay? Fewer hours?

She has been working in that role for ten months now, so obviously she accepted the 'lesser' job. It's not like they demoted her mid-stream after an established track record with the company.

Where is the racial discrimination? Not enough information has been provided to indicate racial discrimination has taken place.

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

Does she speak English? I ask because with all that you have said.. I do not understand.. Why do you need to have the applications.. talk to the contractor about her qualifications for a job she will apply to... and why would she need to take notes to tell you?

Could you pls clarify?

Yes, Boiler she has.,,..I already have an application for "Continental Tire" and have talked to the employment contractor, about my wife's 4 year college degree, 4 years management experience, running a business as asst. mgr..,.,..,.and shift supervisor for over 4 years!

I want her placed in the job she was hired for, and H.R. has pulled he app. and confirmed what we have said. And I want her back pay for the difference in the job she was interviewed for, took orientation for.,.,.,.,and then told something else. It is significant amount!

And I hate a lair! You have no idea what my wife has endured for over 8 months,...,.,.,.and kept it inside.,.,.,but she was taking notes, and knew one day she would have to tell me! She did.,.,.,.,.I have a great witness, the person responsible for her taking the job.,.,.,.,.,.,""I would have never let her take the job she took, compared to what the initial offer was.,.,.,.," and the President of a huge landscaping company, that takes care of that property, has all the proof also.,.,.,.,,it will be interesting.,.,.,and YES.,.,she will not doubt leave.,.,.she is highly intelligent, 4 year college degree, and computer literate. And 4 years of management experience!

Just wish I had something, to make them recognize me as her spokesman.,.,.,.,from USCIS.,.,or other govt. agency.

Good day, Boiler, have a good one!

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

event.png

event.png

Posted

How about getting your state Department of Labor involved?

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

Posted

Sounds like EEO complaint and the company seems to be big enough (>15 employees) to have to adhere to the law. Check out the links below and find a rep in your state.

http://www.eeoc.gov/laws/guidance/index.cfm

http://www.eeoc.gov/laws/types/race_color.cfm

http://www.eeoc.gov/employees/charge.cfm

ROC 2009
Naturalization 2010

Filed: K-3 Visa Country: Peru
Timeline
Posted

Sorry to make this so long, but all mUST be told! My wife came here April 24, 2013. (K-1 visa) We were married, 6-22-2013, AOS, about 5 months later, EAD/AP was in about 70 days.

She went to work for what I think is the biggest hotel chain in the world, here in South Carolina.

I recently discovered that a massive amount of "racial discrimination" was being directed her way by co-workers, and the "ring leader" is the manager of her department. She also filled out an application for one job, as directed by the GM of the resort, but when she reported to work, she was informed she would be assigned a "lesser job".,.,.,.,but was told by the GM, that "she would 'slide' my wife into the original position in a month or two".,.,,,.,.,.then she was transferred, and now no one knows anything about what job she was supposed to be doing!!!!

The previous GM who hired her, "denied" everything! But, the H.R. department had the original application, so she had to retract some of her denials, and is now, just hoping this situation will just fade away. I ASSURE YOU, IT WILL NOT!

We have went "by the book" about bring the discrimination and the job situation, from talking to immediate supervisor, then to the GM.,.,.,,.still no relief, except her co-workers barely speak to her now, as they are afraid to.

So, I am now going to send a certified letter to the H.R. Manager in Myrtle Beach, requesting a face to face meeting, BEFORE, we turn it over to our attorney. At this time, we just wish for the company, to make good on its word, and the "racial discrimination" be stopped completely.

The President of a large landscaping company was responsible for her getting the job there, and he is willing to go to the meeting, and tell the truth of the lies and deception. He saw it all happen, and was told by the GM, before she left, that she was going to put my wife in the proper position.,.,.,.,but ran to her new job in Tennessee!

My real question is this: I know I am responsible, totally for 10 years, we have no problems,and get along great.

Can someone, tell me something I can use that is USCIS law, or USA law, that allows me to be able to speak for my Filipino wife, as she has never seen such lies and deception. Her company does not want to talk to me even after, my wife gave her permission for me to be able to speak for her.

I just need something from a govt. agency I can quote, that would get their attention, so they will have to deal with me.,.,.,.,as I want to fight this battle. She know nothing of how to fight USA lies, discrimination, deception!

How would you like to fill out an application for a school teacher, and it be accepted, told to report for work, and after orientation, the employer, hands you a mop and broom, and tell you.,.,.,."this is where you have to start!!!!!"""

Please, any info. would be helpful.,.,.,..,.,and yes we have an attorney on retainer.,.,.,.,but we are trying to settle peacefully, with no compensatory damages at this time.

I think this goes beyond the scope of help that anyone here can really provide you or advise you here on VJ. You will find people here who will sympathize with your wife's situation, they may disagree or agree with what happened to your wife and although it may sound unfair as I think there were many things that went wrong and happened to her, we do not know the whole story of how things developed.

My best advise to you is to seek professional guidance, it is time!!!! See an employment lawyer who can listen to your wife's case and give her the best advise possible. If you and her are not happy with one response, get a second opinion or a third. If you already have one, let that lawyer do its job. I really doubt that the company HR or anyone there would want to listen to you instead of her, or her lawyer in order to resolve her situation, so I think it would be better if you let her lawyer deal with her case. You should support her as she will need your moral support, but you are too emotional involved and sometimes too much emotions can blind us.

If this is not a company for her there are many out there that will want her with her qualifications, believe me they will. I am so sorry this is happening to your wife, I would not want this to happen to my wife either, but let a professional handle her situation and help her through the process which it will be hard and long and seek other options.

Best of luck to you both :-)

Jorge

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

Filed: K-1 Visa Country: Mexico
Timeline
Posted

How about getting your state Department of Labor involved?

Do a cost-benefit analysis. Does your wife want to continue to work in the hotel industry? If so, Myrtle Beach is a small place, and even smaller would be the industry she is in. Making a big stink (although justifiably so) could make things worse for you wife in the long run.

You want advice?

a) I suggest finding out how your wife can quit and claim "emotional distress" or "hostile work environment" so that she can collect unemployment benefits while she is looking for another job; if the company tries to fight her claim, I would proceed with letting them know you will file a lawsuit for racial discrimination. The employer would probably just back down to avoid the negative publicity.

b) look for a better job and then quit

K1 Visa Event Date Service Center : Texas Service Center Transferred? No Consulate : Juarez, Mexico

I-129F: Sent 9/5/2014

I-129F: Arrived at Lewisville 9/8/2014

I-129F: NOA1 Text message/mail 9/11/2014

I-129F: Alien Registration Number Changed 9/16/2014

I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014

I-129F: Name Change request made 10/31/2014

I-129F: Crickets as of today

 
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