Job Sucks

[SADGC]

Applicant got GC Plastic in the mail 9/28/04.
Derivative got GC Plastic in the mail 10/23/04.

Applicant supposed to work for company after GC approved.
Was approved on grounds that was going to be paid $23/hr for 40 hrs.
Hired by company on paper $23/hr for 32 hrs. When actually started working for the company for a week told to work for minimum 52 hrs a week. 12 hrs a day. Treated badly, shouted at - not expected this type of treatment especially since have GC in hand.

Read on this forum that a person has to work a minimum of 6 months so that there is no problem for citizenship. I am wondering if I will be able to handle the stress of trying to complete the six months. Everyday employer says if you cannot do this then do not come in to work. I am not worried about the working for the 52 hrs and over etc. but I am wondering if I will survive there for the 6 months.

What happens if I quit under duress? What happens if I am fired?

Can somebody give me some answers as to how I should handle this sticky situation?

[wik]

Are they paying you $23/hr for the 52 hours, or are they asking you to work 52 hours for less pay?

[SADGC]

He will be working 52 and more hours but will only be paid $23/hr for 32 hours. Is the company right in doing this?

[wik]

Originally Posted by SADGC

He will be working 52 and more hours but will only be paid $23/hr for 32 hours. Is the company right in doing this?

On face value, the company is not right in doing this, and it would appear to be violating the employment terms with the employee AND the conditions of employment promised during the USCIS process.

I am not a lawyer, but the first thing I think he should do is to WRITE a letter to the employer stating that the working conditions are not those that were agreed to, and to request to work under the conditions as originally agreed. If the company fires the person, then they have documentation that will support their claim that they intended to work for that employer under the original conditions. There might also be the possibilty of claiming unfair dismissal if the employer lets him go. An initial consultation with an immigration attorney and employment attorney may settle things. An initial consultation might even be free.

At the very least, requiring extraordinary hours for the same total pay, especially when the terms were in writing, may amount to a combination of abuse and fraud.

[SADGC]

Thanks for the info.

He is showing intent to work as he wants to complete at least the 6 months and get some paychecks to show he worked there. The employer is just totally rude and I agree a cheat and a fraud. I suppose he (employee) has to grin and bear it before he writes them a letter. It is a catch 22 situation. Will talk to attorney though and see what they have to say.

[coolone]

After I-140 approval, if USCIS allows the petitioner to change the job (AC21), I wonder, why can't a green card holder change a job?

Am I missing something here - any rule / law?

[Over2years]

I would not care this 6 months rule man, especially if I were you.
I left my company in 4 months.
You can always justfy your self when the time comes.

I hate to be shouted at & I hate that situation.
Just get out. Make sure you "repay" all of it.

Good luck man,