Legal Question in Immigration Law in California

My employer had a law office draft petition letters and forms in my name to petition for her work visa without my knowledge or consent. I only found out about it when they asked me to sign it. 1. Is this legal?

2. The accompanying letter is full of misinformation, should I inform the lawyer who drafted the documents of this?


Asked on 3/28/14, 3:00 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

To clarify, your employer is petitioning herself for a "work visa"?

What type of visa is it; H-1B, L-1A. E-2?

What is your position with the company?

Generally, a Human Resources Manager, President, CEO, General Manager, etc. can, & usually does, sign I-129 petitions on behalf of the company. If you are employed in one of these positions, it might be part of your required job duties to do so. If you refuse to do so, it could lead to the loss of your job. Of course, you might have the option of suing the employer for unlawful termination, in that case, but that is another matter for an employment law attorney.

I cannot advise you as to whether or not you should address the "misinformation" with the attorney. However, you might want to discuss this with your employer first.

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Answered on 3/30/14, 9:20 am


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