AC-21 Questions

B

Bindaas

Registered Users (C)
I heard People saying that BCIS may ask 3 yr Financial Statement from a Company??

I am planning change Employer on AC-21 .
And the company is pretty new, just started 1 and 1/2 yrs back.

My Current Employer have not paid me for last 3 months and he owes me big bucks too.

I am planning to sue him, can he creat any problem in the future in respect to my ongoing GC process?

Please help
 
BCIS may or may not ask for fin statements (1/2/3 yrs - depends on IIO). However, this should not stop u from joining a newer firm. BCIS requires u to show that the firm is financially capable of paying ur salary - the proof could be thru fin statements, revenue vs # of people on payroll, funding promise note by VC + Bank Statement, Signed long term contracts with key customers etc etc etc... U need to have some docs that would convince BCIS that the employer is capable of paying ur salary! Need not only be 3 yr fin statements

Are u working for ur current employer on H1? If so, ur current employer would be in big trouble if u sue them because they violated not only labor laws by not paying u, but also immigration laws by taking advantage of an immigrant. However, such a law suit may have three negative repurcussions on u (a) If it has not been 180 days since u filed 485, the employer can lay u off and cancel ur 140 (b) The court may (remote chance) decide that because the employer did not pay u, u were out of status as u need to be paid to be in status on H1 (c) The lawsuit may prove that u have no "intent" to work forever for ur sponsoring employer.

If I were u, I would hire a lawyer and threaten the employer for a law suit, even send a notice, but settle for whatever the employer has to offer. Would not want to go to court and further complicate an already stinking GC process.

Goodluck! Keep us posted about ur developments.

-ab
 
Last edited by a moderator:
Thanks Ab,

more than 1 yr has passed since my I485 has been filed. Yes I am on H1B visa and I have not used My EAD so far, I have once renewed my EAD too.

I heard, somebody saying in this Forum that if one's is on pending AOS status, shouldn't worry about status!! :confused:

I have been actively working on a Project since begning, so it shouldn't be my fault of not getting paid. My Employer is continue to receive money from his client for my work, he just not paying me, how may I be out of status??

The lawsuit may prove that u have no "intent" to work forever for ur sponsoring employer

Yes,no one would work for such kind of employer forever, but that doesn't mean I
should work for free., If I am not being paid, I should kick him to the Court.

Please explain, how it may hurt me?

Thanks
 
The employer owes you money for services received, contact an employement lawyer. This has nothing to do with immigration at all.

But also talk to your immigration lawyer to make sure you GC process is not affected (should not be). That lawsuit should not void intent since according to the latest memo the intent to work should exist at the time of I-140 approval. Which clearly existed since Bindaas was an employee at that time.

And yes, in AOS you are in status till it is adjudicated.

And I think your case won't even go to court - it will be settled
 
Last edited by a moderator:
Thanks waytoolong,

Just 1 question is bothering me a lot, If I join a new company and company is not able to supply the financial stmt if asked by BCIS, will hit my case badly, or unknown RFE that I am not able to think now may cause problem later.

Thanks anyways..
 
Bindaas,

As ur 485 was filed 180+ days, and ur 140 is approved, u should be ok. Intent is required till those 2 conditions are met.

Abt out of status - as i said earlier - it "MAY BE" an issue, though not likely. Just be aware of it. As u have not used EAD yet, u have dual status - H and Pending Adjustment of Status. Of these, H requires regular salary payments, in absence of which the status ceases to exist. However, as ur employer has not laid u off, u should be ok with status. Also, ur pending Adjustment of Status should help, if things that far in court. All I suggest is that u be aware of this nuance, and potentially discuss it with a good immigration attorney.

As waytoolong pointed out, ur case would most probably be settled out of court as employer would not want to fight with such a weak position. I would suggest u shoot for the same end game too. GC is a very painful and slow process, and taking standard routes atleast makes it marginally bearable. IMHO, a court case is not worth it even if there is an outside chance that it would negatively affect ur GC.

Bottomline - Threaten, Threaten, Threaten, Settle.

just my 2 cents worth..

goodluck

-ab
 
I agree

Bindaas,

Like atlantabhopali, I suggest you threaten the employer to take him to court and maybe even send a notice, but taking legal action would be a painful process and although in your case all the bases are covered, you never know what the employer's attorney could come up with some creative stuff that could jeopardize your GC process.
So my advise would be to go ahead and find another employment and then threaten the employer and finally settle it.

-MrCoolz
 
You must log in or register to reply here.
Top