Recuerdos de mi tierra

According to studentaid.ed.gov  "you are designated as a Battered Immigrant- Qualified Status if you are a victim of abuse by your citizen or permanent resident spouse, or you are the child of a person designated as such under the Violence Against Women Act." I can only wonder what is it called when your employer is the one who abuses you.

In a letter my daughter sent to members of the board, she numbered the events and conditions we were entrapped to survive through. As time advances those who willfully violated immigration and labor laws are less prone to take responsibility of their actions.

August 4th 2009: Mom was hired  to work at a rural area high school.

Mom was placed at a lower scale than the one that corresponds to her experience and education.

September 2009: She tore her meniscus while impeding a fight that started in a previous class.

October 2009: USCIS realizes TRUSD HR submitted the wrong FEIN number.

November 2013: USCIS realizes TRUSD HR submitted the wrong assignment. My mother is credentialed to teach Spanish, not Special Ed; although she has over 30 credit units in the latter subject.

November-December 2009: Attorney Thomas Stefanski had warned the HR Director  about the steps to follow for the H1B and Permanent Residence applications, which TRUSD HR agreed to file on our behalf.

December 2009: TRUSD HR retains my mother’s I-94 in her personnel file. She was not even provided with a copy, nor was she provided a copy of the LCA.

January 2010: Her medical benefits were provided only during the second semester; from January to June. The specialist, PMG, now retired, did not submit documentation on time during any of the years she was assigned Mom’s paperwork.

February 2010: ASK Law attorney Thomas Stefanski demanded that my mother had to pay him more money for our immigration paperwork.  Mom reported him to the California Bar Association.

The California Bar Association said it was only human error, there was no mention of the fact that it was the school district who had to pay for immigration fees and attorney fees.

In February of 2010, TRUSD pink slipped my mother. She requested Superintendent Frank Porter to be repatriate us.  Assistant Superintendent Patty Smart gave Mom two options: stay as a substitute with no guarantee of an income, or pay the repatriation expenses herself, which TRUSD might decide to reimburse at a later date. (Both options are incongruous to the law. Please read http://www.dol.gov/whd/FLSAEmployeeCard/H1BEnglish.pdf    

February 2010: Mom googles ASK Law to find their phone number, in order to report that she has been pink slipped. This how she found out that Daniel Korenberg was disbarred for immigration fraud, and Mr. Stefanski purchased his practice. We believed Korenberg had been our attorney since the year 2000.  At that time, Mom did not know Korenberg only represented the School District; not her.

My Mom’s priority date to petition permanent residence was November 29th Due to USCIS backlog, that date was eligible by December 2012.

TRUSD was using my Mom’s I-140 approved by USCIS under the sponsorship of Mojave Unified School District. TRUSD HR never bothered to apply for a new I-140, as the law demands.

March 2010: My Mom underwent knee surgery, and she was under workers comp for a month. Since then, she has been using a cane when she does not have access to her medication.

During 2011-2012, TRUSD HR placed Mom as a part time employee at Creative Connections Arts Academy (CCAA). Abrams sent Mom a letter stating Mom was now second year probationary.

March 2012: The Catholic Church provided my family with a grant to initiate the Permanent Residency Request. We were still under the impression that we were supposed to pay for it.

June 2012: Frank Porter retires. Principal Breault retires from CCAA.

Summer 2012 Elaine Lenae Douglas was hired to be principal of CCAA. Nobody in TRUSD HR verifies why Douglas was an administrator for two years at Elk Grove and two years at Lodi.

July 2012: Cortez Quinn is chosen President of the Twin Rivers Board of Trustees. Nobody verifies what where his real intentions.

July 2012: TRUSD assigns Mom a fulltime position at CCAA.

August 2012: Mom was granted Tenure at CCAA.

September 2012: Fagen Friedman & Fulfrost were hired.

September 2012: Unbeknownst to my Mom, TRUSD HR did not renew the I-94 (See # 5)

My grandmother had an accident in December 2012. She was dying; Mom asked permission to go to Paraguay to say goodbye. The immigration lawyer told her she could not leave the country; it would take three months to get a permit.  My grandmother passed away February 8th

March 7th 2013: We did our fingerprinting for our Permanent Residence. I had an H4 visa. I am the daughter of a U S Citizen, who does not file my paperwork because he owes over 35k in child support.

March 2013: USCIS requests Patrick Riazi, the lawyer handling the Permanent Residence, to provide a letter in the letterhead of the district stating my mother’s salary determination for 2012-2013 and 2013-2014.

USCIS inquires what my Mom’s assignments were for the school years of 2012-2013 and 2013-2014

May 8th 2013: Riazi forwards the USCIS letter to TRUSD HR, so they would respond to the request.

Interim Superintendent Joe Williams promises the letter would be written by May 10th

May 10th 2013: Michelle Abrams assigns my Mom to teach four periods at CCAA, and one period at Martin Luther King. (Mom does not drive. It is clearly stated in her personnel file. She was not going to have a Prep nor lunch period. At the time, we lived one block away from CCAA)

After a Site Council Meeting at 6:45 pm on May 14th, Principal Douglas informs Mom that she will be placed on unpaid leave beginning the next day.

Mom went to the Board meeting in session that night, and she asked Interim Superintendent Joe Williams why was she being placed on unpaid leave.

Williams called Assistant Superintendent Patty Smart, and she informed Mom that she did not have a valid work permit.

Patty Smart told my mother that she (Mom) had to provide the district with a valid work permit.

Mom told Smart that the district is responsible for requesting a work permit from USCIS on her behalf, because only the employer can apply for it. (Please read: http://www.dol.gov/compliance/guide/h1b.htm

http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupation/understanding-h-1b-requirements )

37. Smart ordered Mom to get an ETA.

38. May 15th 2013: Mom was placed in an unpaid leave, and she was threatened to be fired by July 1, 2013. From that point on, my Mom has been treated as a criminal, and she was not allowed on school grounds when children were present. She was forbidden by Ms. Ventura from attending any CCAA event, including my own back to school night, and the graduation of CCAA’s first senior class.

39. May 16th: the ETA is applied, but Abrams refused to sign it. The ETA can only be submitted by the sponsor, in this case TRUSD HR. Without a valid I-94, the ETA was denied. http://www.dol.gov/whd/immigration/h1b.htm

40. The Teacher’s Union TRUE refused to help Mom, because she is a foreign national. However, they have no problem collecting her monthly dues. Mom contacted the California Teachers Association.

41. CTA Sacramento provided Mom with a labor lawyer mediator.

42. The mediator is friends with FF&F law firm representing TRUSD. They are located in the same building.

43. May 20th, 2013: After reviewing my Mom’s file with Jennifer A. Taylor, Abrams promised my Mom she would write the letter that USCIS requested for her Permanent Residency. That same day, Mom hired immigration attorney Erica Tomlinson to renew the I-94.

44. June 2013: FF & F wrote Mom a letter stating TRUSD does not need to respond to the federal government, and that they are willing to litigate over it.

45. June 2013: Guided by a phone call from USCIS Georgia, Mom reported TRUSD HR to Department Of Labor Wage and Hourly Division (DOL WHD).

46. The ETA and the Permanent Residency were denied.

47. July 10th 2013: Mom filed a Williams Complaint against TRUSD HR Employees to the newly hired Superintendent Dr. Steve Martinez.

48. July 23rd 2013: As per Sacramento Bee; Dr. Martinez chooses to replace HR top management.

https://www.linkedin.com/pulse/newspaper-article-lilian-velazquez-acosta?trk=mp-reader-card

50. June 26th: FF & F promised they would apply to renew the I-94 if Mom drops the Williams Complaint. Mom responded that she will drop the complaint as soon as the I-94 is attached to her passport.

51. CCAA Administrators started retaliating against me at school.

52. August 26, 2013: CCAA’s Principal recruits white parents to attack my mother during an English Language Advisory Committee meeting. Valina Combs PTO, Vice Chair, screamed at my mother “illegal”.

53. September 2013: Melissa Michalk-Wood is hired to teach Spanish at CCAA. Nobody in TRUSD HR verifies why she does not have the credential to perform as a teacher, nor the reason why she was removed from Solano County.

54. September 2013: DOL WHD mandates TRUSD to pay back wages owed to my mother.

55. September 2013: TRUSD issues a check and a manual warrant. TRUSD Accounting initially wrote on the receipt that it was a settlement. Mom did not pick up the check until TRUSD Accounting wrote back wages owed on the receipt. Mom wrote “Without Prejudice” next to her signature.

56. TRUSD accounting retained over $20,000 from the amount DOL WHD ordered to pay.

57. September 2013: FF & F sub-contracts Erica Tomlinson. The signature of Dr. Martinez is forged.

58. Smart and Abrams held my mother’s documents hostage until September 30th.

59. After three months, FF&F "understood" that only the employer can apply for an I-94, H1B, and or Permanent Residence based on employment.

60. Ray Tolleson was hired as interim HR Director the same day he opened a new company.

61. October 1st 2013 the Government Shutdown began.

62. October 17th 2013: TRUSD HR submitted a new LCA petition on my mother’s behalf to DOL WHD.

63. November 19th 2013: TRUSD HR filed a new H1B at Nunc Pro Tunc premium process.

64. USCIS requested an explanation over the reason of the delay in application of the visa.

65. TRUSD HR, FF&F and Erica Tomlinson refuse to give a valid explanation. (TRUSD HR was not qualified to perform the duties of their assignment. Smart was provided with adequate references to be employed by EDD, and Abrams retired. 

66. USCIS requested Proof of Evidence specifying the documents they wanted to review.

67. TRUSD HR refused to send all the documentation requested by USCIS which included my mother’s W2 from 2009-to the present.

68. TRUSD HR and FF &F only sent USCIS my mother’s 2013 W2, and TRUSD falsely claimed that the large amount of money my mom received for back wages owed, was her entire salary pre-paid for the 2013- 2014 school year.  USCIS had requested all of my mother’s W-2 stubs from 2009 to 2013. However, my mom had been under an unlawful unpaid leave since May 15th  According to DOL WHD and USCIS laws, a “bench” does not exist for H1B workers.  If the worker lacks a permit or a certificate due to the Sponsor, then the H1B worker should continue to receive his or her salary and benefits, regardless of not being actively working.   Please review: http://www.dol.gov/whd/FLSAEmployeeCard/H1BEnglish.pdf  under Wages/Benefits, “You must be paid for non-productive time caused by the employer or by the lack of a license or permit; and you must be offered fringe benefits on the same basis as offered to U.S. employees.”

69. On November 19th 2013, my mother turned herself in to an FBI Agent. The FBI agent contacted an ICE Agent. She had a four hour long interview with him at the FBI building here in Sacramento.  From that point on, my mother has continued to report to him.  The ICE agent told my mother that ICE is not in the business of deporting teachers.

70. Christmas 2013: Erica Tomlinson asserted that the Board Members wanted my mother to write a deceitful affidavit to USCIS, stating that my mother did not know she had to keep her I-94 valid while pursuing her Permanent Residence application. In the year 2009 Thomas Stefanski had warned Ms. Gamache on the steps to follow for the H1B and Permanent Residence applications which TRUSD HR agreed to file on behalf of my mother. It was due to the constant changes in legal counsel firms, administration, and the incompetence of the replacements hired that the I-94 was not renewed. The female trustees  were outraged and felt betrayed that the lawyers were asking my mother to lie to immigration authorities. That was Tomlinson, Fagan, Friedman & Fulfrost present for us at Christmas time.

71. The brand new superintendent expressly stated that he wanted to help my mother, but FF &F never followed his instructions. FF & F never tried to help my mother, because it was during their watch that our visa had lapsed. It is FF & F, Patty Smart, Michelle Abrams, and Joe Williams who took away my mother’s income and our legal status, leaving us destitute, homeless, and at the mercy of the retaliation that I have to endure throughout all of my four years of high school.

72. January 2014: CCAA Vice-Principal Ventura, in writing, threatened to fail me in Spanish. Ventura (then 63), a newly graduated administrator, did not know that only a teacher can fail a student.

73. Melissa Michalk-Wood profiled students by race and national origin, to create a non-existent Spanish for Native Spanish Speakers class, in which she wanted to force me to participate. The class was not approved by UC Doorways. The class was not listed in the classes recommended for graduation from CCAA. The class had been created by Craig Wilson and Melissa Michalk to fulfill Michalk’s BTSA and credentialing requirements. The class had no approval from the district or its trustees. Furthermore, I am not a Native Spanish Speaker. I am not an English Language Learner. I am a Native English Speaker. English is my first language. Spanish is my mother’s tongue. English is my father’s native tongue, and Hindi is his second language. Spanish is my second language. Guarani is my third language, and I am teaching myself French and Portuguese. This information was irrelevant to Michalk’s plans.

74. January 2014: I wrote a Williams complaint against my Vice-Principal, my Spanish Teacher, and her BTSA mentor; who happened to be my Social Science teacher.

75. February 2014: Retaliation against both my mother and I continued. The new superintendent cut short my aunt’s elected position in DELAC (District English Language Advisory Committee), six months before the end of the term.

76. My mother’s visa was approved for consular processing in our country of origin. Speaking directly to the Consul would have given my mother an opportunity to show Proof of Evidence of all the ill doings of TRUSD employees and contracted personnel. The Consul can then report the willful violations to USCIS, which is already recorded in this site:

http://www.myvisajobs.com/Visa-Sponsor/Twin-Rivers-Unified/790180.htm

77. TRUSD needs to request a waiver for unlawful stay from USCIS on behalf of my mother. Congresswoman Doris Matsui and Senator Diane Feinstein are interested in her case. They are both willing to assist the new TRUSD administration in clearing the willful violation. Their offices are requesting to have TRUSD release my mother’s privacy as per USCIS laws. You can read about it in this blog http://blog.uscis.gov/2010/03/uscis-announces-e-verify-employee.html

78. April 2014: a news reporter writes a story about my mother.

(http://www.sacbee.com/news/local/education/article2594737.html)

79. TRUSD does not report the Williams Complaint to SCOE Sacramento County of Education

80. April 2014: Activist Francisco Garcia invited my mother to an Immigration Rally, where she met a SCOE Board member. He invited her to his office.

81. SCOE guided my mother to report her case to Department of Fair Employment and Housing, and my case to the California Department of Education.

82. April 2014: Univision makes a TV report about my mother’s immigration story. https://www.youtube.com/watch?v=A-32BOCrmFc

83. DFEH guided my mother to report to the Department of Justice; both State and Federal.

84. May 2014: CCAA administrators refused to account my volunteer hours and my family’s volunteer hours, insisting we forfeited the Charter Agreement. My mom and my aunt were actively participating in ELAC and DELAC, as well as regularly attending Board Meetings.  In this Williams Complaint, it came to the light that CCAA was teaching classes not accredited by UC Doorways, and during my 11th grade year, they would not have the classes I needed as a STEM trail student.  Some subjects such as Chemistry, Physics, and Anatomy are all being taught by the same teacher on a waiver, because she only has a Biology Clear Credential. Since August 2013, Spanish Classes have been taught by uncredentialed teachers, and the parents have not been informed. This might be helping CCAA keep students enrolled, but it is hurting them academically. We students have the right to a qualified teacher:

http://decentschools.org/settlement/Williams_Complaint_Process.pdf

85. I also brought to the light that CCAA teachers were forcing parents to perform janitorial work, and that they were charging parents $10.00 per hour to skip the volunteer hours in the Charter Agreement.  Charging money to parents for volunteer hours is discriminatory against low income students, and it is against the Laws in California to FREE Public Education.  CCAA is a dependent school, which receives State and Federal Funds through TRUSD.  

http://www.latimes.com/local/lanow/la-me-ln-charter-schools-volunteer-20141120-story.html

http://www.mercurynews.com/ci_26983670/report-charter-schools-that-require-volunteering-are-breaking

86. May 2014: United We Dream launches a campaign for our family.

http://action.unitedwedream.org/p/dia/action3/common/public/index.sjs?action_KEY=9667

87. August 2014: I attended Highlands High School. I took a Charge Health class after school, because CCAA did not offer the class, even though it is a TRUSD requirement for graduation.

88. Sherilene Chycosky is appointed as TRUSD Visual and Performing Arts Auditor. TRUSD outsourced her job, because she is working from her native CANADA.

89. TRUSD is hiring other Canadian companies to train and help TRUSD employees.

90. The last week in November 2014: my counselor informed me the Music Appreciation class I had taken my freshman year in CCAA and received an A+ in, does not fulfill A-G Guide Requirement “F”. She recommended I take an Art or Choir class in my senior year.

91. December 2014: we contact the Student Services Director (SSD) in regards to requirement “F”. During my second Williams Complaint in CCAA we had discussed with SSD the validity of the Music Class he said it would not cause me or any of my classmates any problems later on. He lied to me.

92. End of January 2015: SSD makes an appointment to see us after mid-February, by then it was too late for me to take a class at the community college. The only alternative was a Charge Class after school hours at CCAA or Highlands HS.

93. In March 2015, we became homeless.

94. Rudy Puente did not find a qualified teacher to instruct the class until late March.

95. I contacted the homeless liaison in TRUSD, to acquire much needed undergarments for myself. I sent my measurements as they requested, and after several weeks, they sent me two pairs of underwear: one women’s size 26, the other child’s medium. I would like to think that they forgot my measurements, but it is very doubtful.

96. March 2013: Thelma Davis-Bell hires my mother and my aunt as nannies. She abused us. She made my mom and my aunt us work over 14 hours per day.  After promising two bedrooms, Thelma made the four of us sleep all crowded together, on the floor, in the back room of her three bedroom apartment. Thelma did not pay my mother and my aunt for babysitting her one year old twins.  Thelma’s family ate the food we received from the Sacramento Food Bank and other Churches.  Thelma and her family constantly consumed the food my cousin Victor purchased with his Food Stamps for himself to eat and drink.  Thelma molested me, she molested my cousin, and she molested my aunt.  Not only did Thelma abuse us verbally, she abused us emotionally and physically as well.

97. At the end of March 2015: SSD informed us that I would be provided with a Charge Art Class.

98. March 28th 2015: Thelma Davies-Bell married Charles Opicho.

99. March 29th 2015: A  TRUSD DELAC board member, came to observe how we lived.

100. After Easter break, my mother and I met with DE at HHS Although TRUSD has an open door policy, DE informed my mother that she would not be allowed to be present in the classroom while I was to be instructed. My mother patiently waited outside. By then, she was prepared to face TRUSD’s discrimination against her.

101. DE spent most of her time during my Charge Class speaking on the phone with CCAA Principal JW, her daughter, or her husband. Sometimes she would be having long, in person conversations with the Ceramics teacher, JL. Other times she would be helping her other pupils who came in at the same time for extra credit or make up work; she scheduled her After School Tutoring Class at the same time she scheduled my Charge Class.  She instructed me to watch YouTube videos to learn the Art techniques

102. DE canceled two Wednesday classes for personal and professional reasons. She called my class “The Art Class on Crack”. DE made sure my mother and I knew that she was doing me a favor. DE never admitted she was being paid to teach the Art Charge Class. She stated that as a mother herself, she never would have let her own daughter take such a class.

103. I took two AP exams (English Language & Composition and Statistics) on Wednesday, May 13th. I had been testing for more than 6 hours straight; I did not even get to have lunch. The testing period overflowed into the time that had been established for the Charge Art Class, so I requested to have it postponed to Monday or Friday. The class was postponed for Friday May 15th which happened to be Mother’s Day celebration in Paraguay. It was two years to the day that my mother had been placed on UNPAID LEAVE by incompetent TRUSD HR employees.

104. May 2015, Thelma Opicho buys herself a new house, and threw my family and I to the street.

105. On the last day of school, I went to DE’s class to pick up my art portfolio. I witnessed DE assigning janitorial work for her year-long students, in exchange for extra credit in order to attain a higher letter grade. I decided to challenge the B grade she had given me. I completed a year’s worth of work in 6 weeks, and I received no instruction from DE. She would assign me to watch YouTube tutorials on my own, in order to be able to produce a year’s worth of homework at the mastery level she expected of me.

106. June 2015, we contact SSD. We make written suggestions as to how extra credit could be assigned.

107. SSD accepted the suggestion, but DE refused to go to the Crocker Art Museum with me. While my aunt waited outside, exposed to the blistering summer sun, while my mother and I visited the Crocker museum. I believe that the visit would have been much more instructional, informational, and enjoyable if I were to have been in the company of my Art teacher.

108. SSD told us to submit all receipts for all expenses incurred. We did so, but he never reimbursed us. Being homeless, and with no source of income, we were forced to spend over $50 to remedy DE’s lack of dedication to the Charge Art Class, and SSD’s inability to resolve a curricular issue.

109. July 2015: My mother went selling subscriptions door by door, with the mother of one of her ex-CCAA students. The task was hard on my mother’s deteriorated health, and bad knee. She has no access to health insurance, and the suffering she endures on a daily basis is an abomination.

110. July 2015: My mother starts selling fruits on the streets of Sacramento. Her boss is an uneducated, illiterate, illegal immigrant with very short temper.

111. August 2015: Mom finds out that she has more than $50,000 in her retirement fund, but she does not have access to it because she has not been terminated nor retired by TRUSD.

112. August 13th 2015: I went to HHSto pick up my class schedule. The grade recorded for the Art class is not the A+ promised to me. Counselors S1 and S2 have created a non-existent, non A-G Guide approved class, exactly as Melissa Michalk-Wood had done in January 2014. I decided to write several Williams Complaints, and emailed them to the trustees who have never had the opportunity to see firsthand any of the students’ or parents’ complaints. The new Williams Complaint form does not include a claim against district staff in its format. It must be presented at the school site as a first step.

113. Friday August 14, 2015: As per TRUSD’s new Williams Complaint format, much to my regret, I told an administrator I needed to turn in the four Williams Complaints I have written. The administrator promised he would read them all that day.

OTHER INFORMATION YOU NEED TO KNOW

A- IRS is claiming taxes for 2013. My mother does not have any income. TRUSD Accounting retained monies from the DOL WHD mandated back wages. TRUSD never paid the total amount retained to pay taxes to IRS.

B- TRUSD deposited money in Medical and EDD. If TRUSD HR was properly trained, they would know H1B employees do not have access to Medical and EDD services. My mother cannot collect unemployment being an H1B holder. It is the law. She and I do not have access to health insurance, even by Obamacare, which is also established by law.

C- As a matter of fact, TRUSD has never rescinded my mother’s services. To the contrary, in the last letter she received from the new superintendent he wrote: "Finally, please know that when you obtain proper work authorization, we will gladly consider providing you with a position in the District".

D- While all this was happening, my mother requested Child Support Services to ask my father to pay for my medical insurance. A judge in an LA Court in the year 2000 had mandated my father to do so. Dad refused to pay, and stopped paying Child Support altogether since January 2015.  We have ABSOLUTELY NO INCOME.

E- Mom continues to report to the ICE Agent as our address continues to change.

F- We never dreamed about being charity dependent, and victimized by the same people who promised us a better future if Mom worked for them. Survival is our priority.

I have to face my senior year under the above conditions; plus I am being deprived of the courses which would augment my learning. I am being inveigled into accepting whatever iota of service any inept district employee throws at me. I am on the STEM academic track, and I will not have my education sidelined to comply with any concealment scheme. Is it too difficult to understand that I am intelligent, and I know my rights?

In my opinion, TRUSD fails to operate successfully because the system of checks and balances is not in motion. All information is retained and administered by district staff at the lowest level, which is not efficient nor effective. Historically, management in the pyramid format scatters information, and isolates its executives; therefore, leaving the trustees and superintendent blinded, biased, and misinformed.

Two years have passed since my mother’s ordeal began. Throughout all this time, Mom has not been able to communicate directly with a single trustee or the superintendent, because FF & F frightens them with litigation. If in fact my mother would have initiated legal action, she would be currently in the classroom, FF & F would have been terminated, TRUSD would not be listed as a willful violator, and appropriate training would have been offered to district staff, administrators, trustees, and the superintendent.

Please view the video

  http://www.uscis.gov/e-verify/video-employer-responsibilities-and-worker-rights

Following his cousin example, my nephew also applied for a scholarship. In his essay he reveals his hopes and dissatisfaction with adult attitudes, behavior, and promises.

...."I desperately need to learn Algebra. I turn 13 years old this weekend, which is why I am using my mom’s Facebook to write to you. I have been home schooled for most of my life, because the classes I take, teach me much more than I would have learned in public school, and there’s no bullying. My homeschooling program is great, but this year they have made some changes, and they are not offering Algebra I anymore. I need help in Math, I need an Algebra course to give me a good foundation, and to help me get ahead in High School.

I live with my aunt, my cousin, and my mom. My cousin is super smart, a wiz in Math. Sadly, this year she is a senior in high school. Next year she will be gone to college. I am afraid she will be too busy with her own work to help me with mine. Taking Algebra I this year through your program will allow me to learn at a faster rate, and give me the math skills I need to follow the STEM academic path. That way, I will also have my cousin to help me understand anything I might not grasp. Please don’t take my age against me, I am a very dedicated student, and I will put my heart and soul into learning Algebra.

I understand that what I ask for seems like I’m going too far ahead, but I always try to do as much as possible as soon as possible, because my mom is an immigrant. My aunt used to support us, but the school district that she worked for as a teacher did not file her work visa on time, and left her and my cousin out of status even though she was working legally and has tenure.

I am what Donald Trump calls an “anchor baby”, because he thinks I “anchor” my mom to the US. My dad married a US Citizen and got his citizenship through her; I guess that lady must be an “anchor wife”. He is not involved in my life, and of course has never paid child support. My mom does not think that the term “anchor baby” is insulting, because she never wanted me to anchor her to anything.

My mom was pregnant with me when she came to visit my cousin and my aunt. She had high blood pressure and was ordered not to fly back home because I could have died. That is how I became an American: I was born here. My mom says if she could pay for my American Education in her country of origin, and could raise me like an American Citizen there, she would have left long ago. I got my mom stuck in America, I guess Donald trump could say I “anchored her”, but it is not the kind of anchor I think he’s looking for.

I am a Life Scout in the Boy Scout Program. I just finished my Eagle Project, and I am eagerly awaiting my Eagle Board of Review. I am a good American Citizen, I try to be an example to the people around me, and to make the world a better place. It is through my “out-of-status” mother, aunt, and cousin that I learned to truly be an American Citizen. I am white, with green eyes, with a California accent, and I am a Hispanic American.

I have a few things to tell Donald Trump about how he is treating the Hispanic community. He can call me and all the other FIRST GENERATION AMERICANS “Anchor Babies”, but we will just wear the name like a badge of honor, like one of my Boy Scout’s Merit badges. America is a country that was made great by its immigrants, and I hope to make it even greater. By getting the best education possible, and by serving my community through Boy Scouts, I want to show Donald Trump and all the other bigots like him, just what an “anchor baby” can do. With everything I learn, I become a better person. I am asking UC Scout for a chance to improve not only my mind, but the minds of all the people who have learned to hate anchor babies."

A family friend, Terri Root Hamby wrote on Facebook "From asking for help to a political statement! He has a better grasp of immigration than most people. I feel bad you guys are in that situation because what Donald Trump has a problem with are those who break the law not those who are making things better. You are good people who have helped many people."

To which my sister responded, "Yes, Terri Root Hamby he turned out to be an activist. So much sorrow for such a young man. The more we learn about immigration the more we find out how people just used us. MUSD made Lilian pay all her immigration fees, lawyer and anything related to her H1B visa. We now found out that the lawyer she was paying only represented the employer, not the "beneficiary". By law it is considered an office expense to hire a foreign national, Mojave, Benicia and Twin Rivers all did the same thing to Lilian Velazquez Acosta. It really does not matter how you get here, just because we came from somewhere else we are treated different. It is hard to find long lasting friendships like you are to us, most of the people only gets near to take advantage. We never broke the law, the different school district employees handling the visas and the immigration lawyer (now disbarred) the ones who failed to comply with the Department of Labor and USCIS. They are the illegals not following the laws of their own country. Unfortunately, we are the only ones paying the price. The Donald like V refers to him, is counting on the lack of information and the ignorance of the people to enrage them and attack us immigrants, he makes no distinctions. There are other Republican candidates who also used the term anchor baby, that is what the first generation children born in the US are called by many people, and yes, I feel STUCK here, but we the "new comers" are called the "suffering generation" because we endure everything as long as our children are fine. No-one is speaking about us the suffering generation, our endurance and our bravery. What Trump does is just another attack like the ones we get every single day of our life in foreign soil. Just two Mondays ago V was attacked at a meeting by a 16 year old boy who shouted "Victor and all his family are illegals and they should all burn in hell". Bigotry, is not something unique to America, it happens everywhere in the world where there are immigrants. I grew up under the flag, singing the American anthem & America the Beautiful. I recited since Kindergarten the Pledge and I still do it at every BSA meeting. I honestly grew up with more American Civics than most American born citizens. I am happy to raise my son an American and to install in him the true values of citizenship."

Under the dry sweltering July's sun of 2015, frustrated and feeling destitute, my sister maneuvered the car onto the grainy terrain parking it with a jolt. Sobbing as there was no tomorrow, she quickly got out of it leaving the rest of us perplexed with a perception of abandonment.  She left the car door wide open. The dust from the driving stunt promptly settled inside her seat, the carpet and the dashboard. The rainless particles traveled all the way to make the three of us sneeze. The drought's grime always has had that effect on our lungs since we left the Mojave Desert.

I attempted to reach the driver's door from the passenger's side. The seat belt of the co-pilot's side retrained my exertion. I pressed the button that held the seat belt, but my short stature and the pain caused by psoriatic arthritis gripped me to the seat. Noticing my agony, my nephew opened the door next to his seat and holding his door with his right hand, he slammed shut the driver's door with his left. He dropped himself into his seat behind the driver. More minuscule fragments accessed the car, more sneezes responded.

We veered our heads to watch my sister hurriedly stroll towards the firefighters' substation, but she stopped short where the woman was selling fruits at the corner of Marysville and Bell. We saw both women converse under the canopy protected by the shade of the trees.  At one point, the fruit vendor took out her cell phone. She seemed to dial a number, and after a brief swaying of her upper torso she handed the small devise to my sister.

From the car, we could witness my sister holding on the piece while pacing parallel to the busy intersection. Her right arm actively stirring in the air as she communicated her ideas to the other side of the line. Suddenly, she ceased moving. She held the flip phone with both hands, and she closed it. Was that a smile? I rubbed my eyes. My sister returned the devise to the fruit vendor and strolled back to the car. Her steps had a happy bounce.

This is the manner in which my daughter discloses our life in recent years:

"....the week before my ninth grade started, I met with my future school counselor and planned my classes for my upcoming four years of High School.  I made sure to include all the STEM courses offered at my school, that my classes aligned with A-G Guide, and that my schedule reflected all the classes required for graduation.  I had full assurance that my educational needs would be met.

During my freshman year in a Dependent Charter School, I took a Music Class to tackle Requirement F early on.  I ended the year with an A+, an award for being the top student in that class.  During my sophomore year at the same school, I was taking my second year of Spanish Class, unaware that the teacher was not credentialed. In order to meet her Single Subject Credential requirements, the teacher segregated all the Hispanic students, and declared them all Spanish Native Speakers regardless of their proficiency in the language.  She fabricated a Spanish for Native Speakers Level I Class, without District or WASC approval, and without submitting the class to UC Doorways. The Hispanic students were made to sit in the back of the classroom to complete their assignments using photocopied pamphlets, while the Non-Hispanic students worked with their District purchased workbooks.

The same sophomore year, the teacher I had had for Biology my freshman year was teaching me Physics on an emergency waiver.  Another student in the class was able to instruct the rest of us with more clarity than the actual teacher.  My English and P.E. teachers were also working on achieving their clear credential. Their BTSA mentor was non-other than my Social Studies teacher.  With so many unqualified teachers, our education was being severely damaged.  

Being of mixed race and having a Hispanic mother, I was also segregated. However, I knew my rights as a student.    I requested to continue my District, WASC, and UC Doorways approved education.  I did not want to have my grade falsified on my transcript for taking a non-existing class.  In an email to my mother, the newly graduated, sixty three year old Vice Principal threatened to fail me in my Spanish II Class, regardless of the fact that I am a proficiently bilingual and biliterate in Spanish. That is why I wrote my first William’s Complaint.

Later that same sophomore year, the uncredentialed Spanish teacher mandated that all her students build an altar to participate in a Mexican Catholic ritual celebration: Dia de los Muertos. The students were to be graded based on their participation in the event, which was scheduled by the teacher at 6pm on a non-student day, and was not approved by the School District.  This unjust, discriminative, and capricious course of action prompted another Williams Complaint.  I had become an expert by then, and other parents requested my help in writing their own Williams Complaints.  However, being a Whistle Blower brought me unwanted infamy.    

For my junior year, I chose to move to another High School and begin anew. Thankfully, in my new High School most of the staff is better organized and more knowledgeable of appropriate educational procedure.  At the beginning of the school year, I took Health as a Charge class after school hours, because it had not been offered to me at my previous school.  At the end of the first semester, I was informed by my counselor that the class I was confident took care of Requirement F, was not valid. My previous school never had it approved by UC Doorways.   She recommended I remedy the situation by taking Choir in my senior year.    I informed her that I was in the A-G and STEM academic tracks.  To remediate the problem, I was offered another Charge class.  Unfortunately, it took the District a little over three and a half months to assign me an Art teacher. I completed the full course in less than six weeks, during AP testing season, learning the techniques from YouTube videos which the teacher had assigned me to watch.

I began my senior year with a transcript in which additional two classes I had been corralled into taking, lowered the GPA boost that I had attained through my AP Classes.  All I have thus shared with you, are merely my academic struggles.

I am the daughter of an Indo-European Naturalized US Citizen.  My father is a Civil and Mechanical Engineer, but he owes years of back child support, and refuses to naturalize me as a result.  I entered the country legally when I was three years old. My mother was an H1B visa holder, and I was under the H1B dependent visa: the H4.  My mother is a foreign national with Clear Credential to teach Spanish in the State of California.  She was a Fulbright scholar at California State University Northridge.    

On May 15th 2013, towards the end of my freshman year, my mother was placed on an Unpaid Leave.  We found out why, soon afterwards.  H1B visas must be renewed every so often in compliance with USCIS requirements.  The visa and its renewals can only be requested from USCIS, by the sponsor (employer).  The foreign national is the beneficiary or recipient of the visa, but they have no control over the petition.  The Human Resources Department in the School District where my mother was hired, and I attend, failed to renew her visa in a timely manner.  We both became Out of Status.  She and I lost our legal immigration status, through no fault of our own, on September 15th 2012.  The District had granted her tenure on August 7th 2012.  She was even given her assignment for the following School year (2013-2014) on May 13th 2013.

After months of letters, attorney meetings, Teachers’ Union conversations, CTA mediations, Board Meetings, Williams’s complaints, and an investigation by the Department of Labor; the employer finally understood that it was their responsibility to renew the visa.  They applied for a renewal, but failed to explain the reason for the delay, and refused to mail in the specific documentation requested by USCIS, including copies of my mother’s W2 for the last five years.  The employer had underpaid my mother, and failed to comply with the contracts between them and the Department of Labor Wage and Hour Division, and with USCIS.  They failed to provide my mother and I with medical, vision, and dental coverage.  They had forced my mother into servitude.  Therefore, the visa was granted for consular processing in our country of origin.  Unfortunately, the school district once again refused to petition the unlawful stay waiver for the time my mother had accrued in the country without a visa; waiting for her employer to apply for it.

It has been two years since this nightmare started, and we have now been homeless for a few months.  My mother, a fully credentialed Spanish teacher, is selling fruit in the street to survive, while the school district continues to hire uncredentialed teachers to occupy her position.  My school district has caused my academic and financial misery, they have left me out of status and condemned me to poverty. I do not even qualify for the Deferred Action for Childhood Arrivals (DACA), which President Obama offered to young illegal immigrants, because I had been in the country LEGALLY FOR TOO LONG, which caused me to barely miss the program’s deadline.   It is only by continuing my education that I will be able to escape from the torturous conditions that my school district has caused me to undergo.

My school does not currently have any A-G classes available to me at the end of the school day. Rather than allow me to take a course at a local college, which is the appropriate next step, I am being forced to sit in the sun in the front office for the final hour of school each day. I have my own personal detention period with no access to any tables or computers on which to complete my homework; all for trying to further my education.

Although I receive free lunch at school, and my school is allocated extra funds due to my being homeless, I am still not being given the educational resources that I deserve a an advanced student. When I spoke to my school staff about the UC Scout program, they dismissed my pitch and instructed me to speak with my District’s Director of Student Services. The Director is the same person responsible for getting me into the ill-fated art class during my junior year."

I can only hope her words will reach those with good hearts.

"I know that the key to a successful future is to dedicate oneself to one’s studies. In spite of my experiences and precarious living situation, I still offer nothing less than full dedication to my courses. I know I can overcome my circumstances, I just need the opportunity to do so."

The year 2015 has hit us hard. We are homeless.  We have been abused by whom we have thought would help us We struggle to make ends meet on the most basic necessities. Money dwindled to the point that my daughter wrote several letters to get assistance from her school district based on the McKinney-Vento Homeless Education Assistance Act. The following are two of such letters. I have reduced the names to a single consonant.

On Tuesday, June 9, 2015 11:52 PM, A.D. Velazquezacosta <[email protected]> wrote: Dear Ms. C., I am one of the homeless students placed under your care. My mother has written you previously to inform you of our family's situation, and to request some clothing essentials I had been missing due to the poverty we are experiencing. I received the clothing 12 days later on April 7th. 

Although my mother provided my measurements, some of the articles of clothing were of a highly ill fitting size. She explained in her previous email to you, that I was in desperate need of underwear. I was only provided with two pairs. I'm not sure if that number is District Policy, or if the clothing warehouse is simply experiencing an underwear deficiency due to mismanagement of funds. Of the two undergarments, one had a lovely pattern, but its size was more suitable to a seven year old girl than a seventeen year old young woman. The other could easily fit a new born elephant. Perhaps my measurement, size 7/women's medium, was treated as a suggestion. The extra fabric of one could possibly be used to increase the size of the other, but I do not posses the appropriate sewing skills. 

My pants often wear out within a few months, because I use them daily for school. The two pairs of pants I was provided with are magnificent, but they are beginning to show great signs of wear. I would very much appreciate it if I could be given a few new pairs of pants, as well as some appropriate length shorts that I would be able to take to Highlands when school starts again in August. My pants size is women's 14 or teen's 16.

The 3 pairs of socks I was provided with have also worn out from continued use. I would like to request more pairs of those as well. If possible, I would prefer ankle length socks, considering the summer heat.

I was provided with two pairs of bras. The sports bra fits me well, but the other regular bra felt like it had cloth barbs all around the edges. The last time I have been able to go bra shopping was in February of 2014. They were purchased with money from my mother's back wages, from when the district underpaid her during 2009-2011. If I could be provided with at least 3 non skin irritating pairs of bras, I would be extremely grateful.

I would also very much appreciate some short sleeve or sleeveless summer shirts. The shirts I currently have are either the black t-shirt I was provided in April, or long sleeve winter shirts I had received from the Sacramento Food Bank. Since their clothing facility has been shut down for the rest of the year due to renovations, you are my only source of clothing during this difficult time. No child wants to be in my situation. No student should have to decide between having enough to eat, and having pants to take to school. I have endured more than you may be able to imagine. Due to incompetent individuals within the Unified School District, I have been robbed of a Quinceañera, Sweet Sixteen, multiple school dances, birthday parties, Scouting events, international travel opportunities, and scholarship opportunities. 

When you deprive an innocent person of their legal status, you deprive them of their very humanity. It is impossible to eke out an existence in a country that resents your legal status and is unable to to offer you assistance, yet can't be bothered to deport you. It is exceedingly difficult to maintain your dignity when you have to write emails asking for underwear. I was overjoyed when I received the backpack with clothes, but my heart sank to my stomach when I saw those two pairs of panties. 

I would like to thank you for all I have received. I understand that it might be difficult to meet the needs of every child, but every student deserves to put their best foot forward as they continue to face adversity.

Respectfully Yours, A.D.Velazquezacosta

My daughter did not get a verbal or written response. A third party had the difficult responsibility to say something "in the name of the district."  Insulted, my daughter wrote a second letter:

Dear Ms. C., This afternoon, when I inquired Ms. S. as to whether I would be receiving today, or on the last day of school, the essential clothing I have been requesting since January 2015, she informed me of the email you had written to her earlier today.  Presumably, you claim that you will not be able to bring me any articles of clothing due to the dwindling funds that your department is experiencing. You suggest that I receive the clothing in the beginning of the next school year, and you have asked that either I or my legal guardians contact you if we have any concerns with this course of action. We are indeed very concerned.

I had written to you just yesterday, specifying the clothing I DESPERATELY NEED. Unless your inbox is overflowing, or my message was treated as spam, it can be deduced that you read my message prior to composing your own message to Ms. S. However, it seems you have disregarded my message entirely.

Your actions have caused me to question your ability to empathize with the needs of the vulnerable children placed under you care.  Are you aware of the fickle living conditions homelessness brings about?  Homeless children are nomadic, and our schedules are liable to change at a moment’s notice. Even if I had been given the opportunity to receive the much needed articles of clothing during the summer, which I was not, it would be extremely difficult to reach me. For many homeless students, such as myself, school is our only source of stability. It is your job, as homeless liaison, to provide me and all other students in my situation, with the basic clothing essentials needed to keep us from violating Sacramento’s Public Indecency Law.

I mentioned that I wrote to you last night. Please be aware, that email was not my first attempt at contacting you and providing you with the clothing I was dearly missing. I went through what I thought was the appropriate procedure, when I gave the information to Ms. S. She took diligent notes of what it was that I needed, and communicated the information to you. That was several weeks ago. I have been more than patient, and I have given you more than an appropriate amount of time to comply with federal law. I believe we would both benefit greatly, if you took the time to acquaint yourself with the McKinney-Vento Act.  This is not a matter of timing; it is a matter of ill preparation and apathy on your part.

Your excuse for leaving me pants-less this summer, is that the funds for your department are “dwindling”. In California, school districts are given a lump sum of money to distribute to the appropriate departments. If you believe your department has not been allocated the proper amount of funds, then it is your obligation to report that error. You should be honored that the Federal Government places such a high level of trust in individuals such as yourself. If the funds for your department have been mismanaged, it is not my fault, and I am still required by law to have the clothing provided to me.

One of the wonderful benefits of the funding system for California school districts, is that any leftover money gets transferred to its General Funds. Any leftover money for homeless students does not carry over to the next school year. If your department’s funds are indeed “dwindling”, then by not providing me with the clothing essentials I so desperately need, you are willingly transferring the money set aside to help children like myself over to the General Funds, where the district will be able to collectively use the money as it sees fit. The district receives extra money with each homeless or low income student it has. By knowingly refusing to assist one such student with the very resources the state has set aside for us, you are, to put it bluntly, stealing from homeless children.

My own case is very sensitive. In addition to the fact that my homelessness was caused by the mistakes of Twin Rivers employees themselves, there is also the fact that I could be deported at any moment. My situation has a unique urgency, an urgency that you obviously do not share. I doubt that any other student in the  Unified School District has to beg and plead so fervently for their underwear. I have been requesting these basic essentials since January, yet my needs have been sidelined in the name of dwindling funds.

If you had done your job correctly the first time, and given my case the full attention you are being paid to give, then I would not have had to take time away from my already rigorous academic schedule, to request a more appropriate group of clothing. If you had done your job correctly, my needs would not have been so cruelly neglected. If you had done your job correctly, I would have been provided with AT LEAST 5 pairs of pants, and 5 pairs of underwear; one for each school day. The “wash one, wear one” policy does not work when you are only able to afford doing laundry once a week.

There is no excuse for your actions, and there is no reasonable explanation you could give for the “dwindling funds”. You had a choice in weather you would help me or not, and you chose to fail to comply with federal law. I sincerely hope you have not done so with the other children in my situation.

A.D. Velazquezacosta

It was the last day of school, the last period of the day, when my daughter was called to pick up the clothing she would need for the summer months. There were three adults present and I was not one of them. They made her sign a paper where the items were noted. Considering my child is a minor makes me wonder on the purpose and validity of the paper. Again, the items were not exactly what my daughter expected.

By the time I published these letters on the net school has been out two weeks and the material of one of the pants was already torn at the belt loops and around the back pockets. The elastic of the underwear was threading out. 

Doom’s Day: May 15, 2013

Elaine, the principal of the charter school where I was working approached me after the Site Council meeting to tell me my services will no longer be needed starting May 15, 2013. I was startled! That date was the very next day. I wanted more information and Elaine was avoiding by all means to provide me with any. She did suggest I should take my concerns to Joe, the interim superintendent. Elaine told me there was a board meeting that night and she insisted I should attend it.

As I arrived to the board meeting Cortez, the president of the board was speaking to the public. He was surrounded by Bob, Linda, Rebecca, Michael, Walter, John and Joe was seated to his right. I stood by the door and I waited. Within twelve minutes into the meeting, like clockwork, Joe walked out from the meeting  and briefly left the meeting towards the district's back restrooms. I also left the board room and exited through the left glass doors which were closer to the restrooms.

Resembling a cat who traps a mouse in its claws I approached Joe when he exited. He was truly surprised to see me. I was as direct as a matador in its final thrust against a tired bull. "Why am I being told my services are no longer needed? Why is Michelle refusing to write the letter requested by USCIS? You ordered her to write it. Are you lying to me?" I lashed the statements and questions one after the other.

Joe was disoriented. He never expected this menial foreign employee would have the guts to confront him. He did what he was used to do when corralled into a corner. He diverted his responsibility. "You need to speak with the Human Resources and Labor Relations Assistant Superintendent, " he said. He told me to wait there as he entered the boardroom. I opened the door and waited on the sideline while a parent complained about the lack air conditioners in a densely populated low income  high school.

Joe approached Patty's left ear to whisper in it. She gazed in my direction and nodded in agreement with Joe's words. Slowly, Patty stood up, looking down as a smirk languidly shaped her lips as she walked in my direction. She told me the news they were all hiding: my I-94 had expired September 15, 2012.

Patty accused me of not keeping it current. She declared it was my responsibility the maintenance of its validity. She continued battering me with words which no longer resounded in mind. Patty gave the number of a form I should submit to USCIS in order to update my visa. I asked her to repeat the number several times for the tears in my eyes, the knot in my throat, and my trembling hand were all in a melee for my brain's attention.

I saw Patty promenade back to her seat with the same poise of a male peacock intimidating its opponent. My hand still shaking struggled to find the cell phone in my purse. I called the lawyer handling the permanent residence. His machine taped my desperate plea for help.

H1B: LCA

"Labor condition application (LCA), Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years. In this document, the employer attests to standards to which it will adhere. It must be certified by the authorized Department of Labor (DOL) official pursuant to the provisions of 20 C.F.R. §655.740 before it can be used.

Presently, the program has 65,000 as the number of available visas to be issued. Teaching is one of the many eligible occupations. The qualifications of an H1B status are clearly defined.

The conditions of employment are established by a Labor Condition Application (LCA) which the employer needs to file with the U.S. Department of Labor DOL Employment and Training Administration (ETA) U.S. Employment Service. Form ETA 9035 can be found athttp://www.doleta.gov/regions/reg05/Documents/eta-9035.pdf.

The employer must provide their full legal name, the federal employer I.D. number, address, telephone number, fax number, and most important the address where the document is kept. The occupational three digit code for education lies between 090 to 099. The employer needs to state the job title and if the job is full time or part time. The employer is responsible for clearly stating the number of H1B non-immigrants to be employed, the exact rate of pay, the prevailing wage rate, and its sources. The employer has to determine the period of employment and the precise location where the non-immigrant is assigned to perform his or her duties.

An important detail usually overseen is the fact that non-immigrant might need to drive to the location of the assignment. It is recommended that the employer informs the H1B visa holder where she/he must attain the driver's license. The employer pays for it as part of their office expense.

H1B Supply and Demand

Teacher shortage is a reality every school district faces at one point or another. Certain states have solved this problem by hiring out of country. California is known to have teachers from different continents.

According to high school students, science and mathematics teachers mostly are hired from countries such as India and the Philippines. Foreign English teachers are usually hired from areas which once were part of the British Empire. Social science teachers are usually hired based on vast travelling experience. Foreign language teachers are hired from the country of origin where the language is spoken. I can only attest the last one to be partially true since I was born and raised in Paraguay.

No matter which country the teacher comes from there are certain factors common to all. In order to be able to accept a job offer these teachers must

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment

Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**(http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models)

The school district may hire a foreign teacher when a U.S. citizen is not available or if the U.S. citizen teacher is not highly qualified as No Child Left Behind recommends.

Hiring a foreign national to teach is a large office expense. Therefore, the school district must determine if the foreign teacher will come to work temporarily to the United States or whether the school district will petition for permanent residence (green card) so the teacher will work in the U.S. permanently.

You will see them. They appear by the thousands. Every day you might see "Work for me" "from the comfort of your home complete" Every week you might read "Make XXX dollars" They are on every site. They offer opportunity, free something or the other, a career, a job! And they turn out to be nothing but a scam! Most times the address provided under Contact Us does not exist. Have you Googled it? Did you Bing it? Are they registered? Are they licensed?

The next step is The Survey. They are short of requesting the color of your intimate clothing! Be honest to yourself. There is information you even hesitate to provide your parents or your children. If you are not willing to share sensitive information with your loved ones, why would you fall for those scams?

In recent years, an exorbitant number of scams were cracked down by the Department of Labor. A considerable number of them fall in the area of education. Words such as"Candidates must have at least so many years experience" "Bla bla bla degree preferred" "many of the world's leading something or the other" "some of the brightest minds in the industry" "over $XX,XXX Per Month" "Candidates required from every country" "If you believe you have been subjected to discrimination, harassment, intimidation, or bullying, you should immediately contact.... non-discrimination policy are available upon request." (As appeared in Edjoin.org)

These words make it seem a dream come true! Soon you are bombarded with bills and fees you need to pay. One amount for your plane ticket, another for the recruiter, yet another amount for the lawyer(s), a fourth amount to the district, a fifth amount to United States Citizenship and Immigration Services, a sixth amount to the person who searched for the place you rent... and the list continues.

Before start your first day at work, you have accrued thousands of dollars in debt.If your plan is to come to the United States to teach and to help your loved ones in your home country I recommend you think again! Research! Please RESEARCH!The Department of Labor 

http://www.dol.gov/   is very informative. 

Make sure you check the American Embassy http://www.usembassy.gov/

in the country where you live. 

Verify the United States Citizenship and Immigration Services (USCIS

http://www.uscis.gov/  Homepage.

Recommended reading:

School District Wants 23 Foreign Teachers To Leave The Countryhttp://thinkprogress.org/immigration/2014/04/10/3417426/23-teachers-removal-h1b/

Foreign teachers' American dreams vanish in a flashhttp://www.today.com/id/44708445/ns/today-today_news/t/foreign-teachers-american-dreams-vanish-flash/#.VMNgTdJ4qJs

By Diana Lambert     [email protected]   Published: Wednesday, Jul. 24, 2013 - 12:00 am | Page 1B

Last Modified: Wednesday, Jul. 24, 2013 - 9:04 am

Twin Rivers Unified School District trustees Tuesday night voted to lay off the top three managers in the district's Human Resources Department. School board members voted 6-0, with trustee Linda Fowler absent, for the dismissals. School board members later said they wanted leadership in that department to hold state administrative services credentials, something not required before.

District officials did not reveal the names of the people who were laid off, but earlier Tuesday they approved new job descriptions for the associate superintendent of human resources, as well as for a director of certificated employees and director of classified employees. The job duties are being performed by Patty Smart, Michelle Abrams and Liane Lee, respectively, according to the district website. Abrams was at Tuesday night's meeting. She was home Monday when Superintendent Steven Martinez called to tell her the board could vote to lay her off Tuesday. "I don't know why (they did it)," said Abrams, who said she was told her last day at work would be Sept. 30. The agenda for the meeting was posted less than 30 hours before the meeting.

The 53-year-old Abrams said she has been a director in the district since it was formed in 2008 and has worked in school districts for 27 years. She plans to take Twin Rivers Unified to court. Her ex-boss, Dennis Tillette, former superintendent of the North Sacramento School District, urged the school board not to make "great changes very suddenly." He told the board not to "let others influence you." Tillette told The Bee that the school board is being influenced by the district's unions. The former superintendent said he had worked with both Abrams and Smart and found them to be "excellent employees who should have never come to this board for action." Board members said the action wasn't personal. Board member John Dexter said that the job descriptions were not in line with the state's Education Code.

The district issued a statement saying the move "is in no way punitive," adding that the credentials and, "where appropriate," more supervisory and management experience are now required. Job descriptions throughout the district have been updated as part of a reorganization, Dexter said. Human resources was the last department to be reviewed. Parent and community activist Francisco Garcia said he has asked the board to make this change for a long time.

Smart was among a list of administrators that the county grand jury suggested replacing in its 2012 report. All other administrators on the list, including former Superintendent Frank Porter, have left the district. "This is a new start," Garcia said. "There is a new superintendent and a new board president. They are acting on what the community wants. This is a new day for parents, students and the community."  Twin Rivers Unified recently hired Martinez as superintendent and Harvey Woo as police chief.

During the school year 2012-2013 I was pursuing permanent residence as I was an H1B holder employed by  a Unified School District in the Sacramento area.  In March of 2013 USCIS noticed that my I-94 had expired in September of 2012, for this reason USCIS requested a letter from my employer confirming my continued employment. The district chose to place me in an unpaid leave. The Assistant Superintendent told me to procure my own new I-94.

When I was hired in August of 2009 my employer did not give me a copy of the Labor Condition Application (LCA) nor the card that needs to be attached to my passport. In June 2013, I was told I could report the district to the Department of Labor. I did. Within days the HR Assistant Superintendent was fired and so was the Director of HR who did not have the appropriate credentials for the job she was performing. Due to wording in their contract they remained in their position from July 23rd to September 30th 2013.

The DOL ruled that my employer had to pay me back wages because they did not abide the LCA of 2009 when they placed me as a substitute teacher during the school year 2010-2011 and as a part time employee during 2011-2012 school year.

By September 2012 I had attained tenure. Due to the incompetence of my employers HR, my visa was left to expire. I received a partial payment for the back wages. The employer never paid me for the medical benefits, lawyer fees and other miscellaneous. The employer took almost $20,000 from the back wages total sum to pay taxes. According to IRS they never  paid the appropriate taxes. The employer never amended the W-2 for the years I had been underpaid (2010, 2011, and 2012) The W-2 for the year 2013 indicates I was paid the initial salary of a superintendent. Nothing suggests that the money was wages owed to me.

Confronted with DOL's mandate, the employer wrote a letter indicating that in the best interest of the district they would apply for a new visa.  By then the three year ban established by USCIS was in progress. Considering the quagmire aspect of the situation I felt relief when USCIS sent the new visa to be processed in the US Consulate of my country of origin. The district was to request an unlawful stay waiver to USCIS and pay my round trip ticket to my birth country as part of their office expense. They never did it.

I reported my employer  to several State and Federal agencies as my daughter and I continued to suffer more retaliation. The expressions "Miscommunication, Logistical Error and Human Mistake"  are phrases our family of four laughs hollowly about when we read that the employer has retired or removed an individual who had direct contact with my paperwork.

http://www.trans4mind.com/counterpoint/dwoskin1.shtml