Foreign Legion

[Dashinka 24,493]

58 minutes ago, Henry1 said:

Yes, you are right, unfortunately the employer is not willing to cover these costs, it is basically, take it or leave it.

Yes, I am aware that medical exam is only valid for 6 months and should only be done right before the last stage, before the visit at the US embassy, to have your visa approved.

As I wrote earlier, I only did the medical examination tor myself, to make sure all was fine with me, so to make sure that I would not be rejected at the last stage, after paying all these fees.

If I went with this sponsoring offer, I would need to get all these medical examinations done, right before my embassy visit, provided I got successfully to that stage.

Is this an H1B visa?

[designguy 1,179]

1 hour ago, Henry1 said:

Yes, you are right, unfortunately the employer is not willing to cover these costs, it is basically, take it or leave it.

Yes, I am aware that medical exam is only valid for 6 months and should only be done right before the last stage, before the visit at the US embassy, to have your visa approved.

As I wrote earlier, I only did the medical examination tor myself, to make sure all was fine with me, so to make sure that I would not be rejected at the last stage, after paying all these fees.

If I went with this sponsoring offer, I would need to get all these medical examinations done, right before my embassy visit, provided I got successfully to that stage.

If thats the case there is no legal path forward with what they are telling you. There are also other things besides the cost. The employer can't just sponsor someone for a greencard because they or the employee want them to. They have to go through a process to prove they were not able to find a qualified American for the job. Can you explain more what the kind of job is that you would be doing? Under what EB visa would you be considered?

 

1 minute ago, Bill & Katya said:

Is this an H1B visa?

OP stated is for a green card through employer sponsorship so it couldn't be H1B, must be an EB visa I would think

[SusieQQQ 11,586]

They make you pay the legal fees against the rules, AND then force you to use a lawyer who admits she doesn’t know about your case?

i’m sorry OP, clearly they got you all excited about this but it’s imo it’s BS. 

Care to share what visa type & what the job is you’ll apparently be offered? 

[Henry1 1]

Yes, the job offer is legit, the company that wants sponsor me has gone through all necessary steps, the immigration lawyer got me a perm, which I had to sign and return back. 

Yes, it is one of the EB visas.

The immigration lawyer didn't say it is she didn't know anything about my case, she said she never dealt with such a case, but she couldn't see wh7 US immigration could refuse me a visa as she was not aware of on what basis they could refuse?

The process, job offer are legit, as I know people that have gone through exactly the same process, and successfully got their green cards.

I haven't paid any lawyer fees, as I was told they could delay all payments until I get my perm, before starting the next stage.

[designguy 1,179]

33 minutes ago, Henry1 said:

but she couldn't see wh7 US immigration could refuse me a visa as she was not aware of on what basis they could refuse?

They can refuse you a visa on any basis they want really. As the perm is done your employer can file the I-140. Are they waiting for you to agree to pay the fees to move forward or why have they not filed yet? You also stated you are not french. What is your nationality? Is your priority date current? 

Your issue with the service in the foreign legion probably won't be an issue with the I-140, the issue will be when you do your consular processing. They will want to see the discharge paperwork and if you don't provide it they will most likely deny the visa and put your into Administrative Processing until you send them the requested documents.

[designguy 1,179]

Just fyi applicants from MENA countries tend to be more scrutinized 

[SusieQQQ 11,586]

8 hours ago, Henry1 said:

Yes, you are right, the company sponsoring should be paying all the fees, unfortunately they are not willing, as they have enough candidates wanting to be sponsored, so they told me, I needed to pay all the fees.

 

 

3 hours ago, Henry1 said:

Yes, the job offer is legit, the company that wants sponsor me has gone through all necessary steps, the immigration lawyer got me a perm, which I had to sign and return back. 

Yes, it is one of the EB visas.

 

You've ducked the question about type of job. Please enlighten us. I am curious as to what is out there that there are so many hundreds of foreigners available to do that the firm can make them pay the fees it is supposed to take care of itself, but apparently not enough locals. We regularly get posters here wondering what kind of jobs they can get sponsorship for so I am sure it will be useful for others. 

 

 

[Boiler 45,486]

Seems like you are rolling the dice with a lot of questions unanswered, anyway good luck and let us know how it goes.

[Henry1 1]

Hello Guys

 

No, I'm not ducking any questions, was just busy at work and thought would reply later.

I work as a computer programmer, have quite a bit of experience in this field, and if you have some skills that are in demand and companies struggle to fill their positions, it is easier to get someone to sponsor you.

It is not going to be the best job in the world, but if you want to move to other country, you need to expect to drop a level or two, in terms of pay and benefits you are accustomed to.

I would say , any job, where there is a shortage of qualified workers would be ripe for sponsorship, it's just a case of looking through ads , and finding a company that struggles to keep workers.

I've never said this company has hundreds and hundreds of people willing to work for the, what I only said that there are some people I am aware of that have gone through the process successfully , got their visas, and are legally working in the US.

I don't think my nationality is relevant, what I can say, is that I am not from any MENA countries, I am European, white, Christian, as this info might be relevant.

 

Do you Sussie still think it is a scam, if so, let me know what am I missing here?

Do you by any chance have a link that would state that the company sponsoring me must pay all fees, otherwise make me pay is illegal?

I would be interested to read about it, and discuss it with the company sponsoring me, but I suspect this would not go down well.

The visa I am supposed to be getting is EB3 visa.

[Henry1 1]

5 hours ago, designguy said:

They can refuse you a visa on any basis they want really. As the perm is done your employer can file the I-140. Are they waiting for you to agree to pay the fees to move forward or why have they not filed yet? You also stated you are not french. What is your nationality? Is your priority date current? 

Your issue with the service in the foreign legion probably won't be an issue with the I-140, the issue will be when you do your consular processing. They will want to see the discharge paperwork and if you don't provide it they will most likely deny the visa and put your into Administrative Processing until you send them the requested documents.

I am not sure what I-140 form exactly is, as I haven't looked too closely into that to be honest, al I know is that when filling DS260 I will have to declare all military service I have done in my life and that's what made me think about that FL stint, and that it could be a problem.

I could probably provide them with some military documents from FL, I could employ a French lawyer to work on this, and I could maybe even get pardoned, but the key question is, will it be enough to satisfy US immigration department.

The best would be if I could email US immigration department directly, ask them my questions, describe my situation, and ask them if there is any point in me filing my application, and spending all that money, because if there is no chance getting approval, then I wouldn't even bother applying and spending all that money, but I could not find anywhere any email address, nor a phone number.

1 hour ago, Boiler said:

Seems like you are rolling the dice with a lot of questions unanswered, anyway good luck and let us know how it goes.

If there any other questions I missed, please let me know.

 

Thanks

[Boiler 45,486]

The big advantage with the EB3 if you get it is that you can bail and get a job somewhere else commensurate with your skills and at an appropriate salary.

[SusieQQQ 11,586]

Right, so it’s a company looking for cheap labor - OP states it’s not well paid - and making him pay his own fees in case he jumps board when he arrives (as boiler says he’ll be able to) so they’re not out of pocket. 

[SusieQQQ 11,586]

Per U.S. law found at 20 CFR 656.12, the employer MUST pay ALL of the costs associated with the PERM process. This includes the attorney’s fees and costs of advertising for the position.

 

....Per the previous question, U.S. law requires employers to pay all of the costs associated with the PERM process. That same U.S. law also mandates that if the DOL discovers that the employer did not pay these costs (or that the employer sought reimbursement from the foreign worker for these costs) the employer will be investigated by a U.S. government agency, and could face hefty financial fines and other penalties.

 

https://www.alllaw.com/articles/nolo/us-immigration/employers-liabilities-responsibilities-green-card-sponsor.html

 

clearly this company is not above board which has its own set of risks. Anyway OP can figure it out once he gets his military record. 

 

Edited July 8, 2019 by SusieQQQ

[designguy 1,179]

1 hour ago, Henry1 said:

discuss it with the company sponsoring me, but I suspect this would not go down well.

If you don't feel comfortable discussing the process with your employer I would question the relationship you have with them. I would be EXTREMELY hesitant of any type of situation where you are paying the employer or 3rd party for any immigration services. If the CO gets any hint you are paying someone to sponsor you, your petition will be denied. Do you currently work for the company in some capacity? Or how were you connected to them?

 

1 hour ago, Henry1 said:

Do you by any chance have a link that would state that the company sponsoring me must pay all fees, otherwise make me pay is illegal?

The company doesn't have to pay ALL the fee's, they need to cover the all the costs related to the labor certification. I-140 fees can be paid by the beneficiary. Here is an example https://www.bridge.us/blog/should-your-company-bear-immigration-costs

 

 

1 hour ago, Henry1 said:

I am not sure what I-140 form exactly is,

The I-140 is the Immigrant Petition for an Alien Worker your employer makes to USCIS. Your I-140 has to be approved before your application is sent to NVC and you are able to fill our the DS-260

 

1 hour ago, Henry1 said:

The best would be if I could email US immigration department directly, ask them my questions, describe my situation, and ask them if there is any point in me filing my application, and spending all that money, because if there is no chance getting approval, then I wouldn't even bother applying and spending all that money, but I could not find anywhere any email address, nor a phone number.

This is kind of a tough one. You are basically asking for them to adjudicate your case prior to making an application which as far as I know they will not do. Thats the whole point of making an application in the first place. I highly doubt someone at USCIS is going to give you advice on whether you should or should not make an application. It will be up to the CO to make a determination if whatever documents you supply are satisfactory. Your best bet is to gather the best evidence and documentation you can and make your case.

 

Edited July 8, 2019 by designguy

[designguy 1,179]

1 hour ago, Henry1 said:

I only said that there are some people I am aware of that have gone through the process successfully , got their visas, and are legally working in the US.

Do you know any of these people personally who can vouch for this?

 

45 minutes ago, SusieQQQ said:

clearly this company is not above board which has its own set of risks.

Definitely sounds like a scam to me. Could be a 3rd party recruiting agency? Costs aside, the process is so long and emotionally taxing I wouldn't put my eggs in a basket that seems unlikely to pass.