Hi!
I am a science teacher from another country who was a recruited to teach on a public high school in Kentucky. I’ve been working for them for almost 6 years. I had work as substitute teacher in my first year and been in a permanent position in my second year until now for almost 5 years. At the start of my fifth year, I got tenured.
I am under the H1-B visa and our district office promised to apply me for a green card once I got tenured. My visa expires May 2014.
Before the beginning of my fifth year, (first year as a tenured teacher) around June 2013, our district office told me that they are going to start to process the application of our green card. I asked the HR personnel if I can choose the immigration lawyer to help us file the papers. The HR said they don’t want to burn bridges between the immigration lawyer that they use to work with and is currently working with other employees.
At around August, I became anxious as I never get any word from them and so I started to send them (the division office and likewise their immigration lawyer) emails after email and phone calls after phone calls without any answers (I just left voice messages). Feeling the urge to have an answer, I decided to take a half-day off to pay the division office a visit.
The HR personnel told me that day that they are now hesitant to pursue with the application of our green card due to unsure approval of the application and that would only cost the district money. I was devastated that moment because I have trusted them and expected that they have already started the process. Although, they have reconsidered to review and go over our case. My current principals and former principals called and emailed the district HR to follow up our case. They have express their intention and desire to keep me in my school. The HR then have consulted their immigration lawyer who has been working with the district about our case. The HR wants an assurance from the lawyer that our case (applying for a green card) will get through and that we can keep our status before our current visa expires.
After a week of waiting, the HR gave us their YES. They said that the processing will start in October 2013. The lawyer emailed me a list of documents such as TOR, passport copy and resume that I should be preparing for the process.
Again, we trusted them that they are really doing their job.
Sometime in the mid of October 2013, I gave the district’s immigration lawyer a call to follow up our case, but I only got to talk to her once. The other phone calls were not answered and have not gotten a call back. I also emailed the HR in charge, but has not given me good updates.
First week of November 2013, I decided to visit the HR office again to get some clear answer and update only to hear from them that they are not pursuing the application. We had a conference call with the lawyer that day. The lawyer explained that time is not enough to get us in status. She explained that all the processes involved until labor certification gets approve will take 6 to 9 months which for her is not sufficient. The district, on the other hand, does not want to spend money for me if the application will not be successful.
I am so devastated about this. They could have just told me earlier, at least in the beginning of the school year (2013-2014) that they can’t sponsor me for a green card. Rather than getting me to expect from them but at the end there is nothing. With my emails and calls not answered, I don’t know but I can also see some delaying tactics.
On these grounds, can I sue or raise a case against our district office?
Your thoughts and advice is greatly appreciated.
Sincerely

)
