AC21 Case , Old Employer didn't pay the wages from past 2 months.

[kansar]

Hello All,

I become employee to XXX company few days back with whom I worked for the past 5 years as a contractor .
I'm going to use AC21 in about a month as I"m in EB3 and my PD was 2003 Feb and I 140 was approved a year ago.
Currently i'm working on EAD as the XXX company is not willing to sponser H1 at this time.

5 years ago I joined this XXX company as a contractor with one employer(ABC) as he is not willing to do any GC processing , I contacted another Desi company and shared some of my pay and made him as my Employer (XYZ) for the same XXX company by keeping the (ABC) in the loop.

The I485 is now pending through the (XYZ) company.

Now here is the Issue..

Employer(ABC) is not releasing the payments to Employer(XYZ) from the past 6 months which in turn i'm not paid for the past 2 months.

at the same time Middle Employer(ABC) left to India recently by selling everything.

1)
Is there is a way that i could proceed legally on Employer(XYZ) for not paying wages as i don't have any legal binding with Employer(ABC) any more??

The only thing they can do now is Revoke my I140? Is there anything they can do apart from this??

Employer(XYZ) and Employer(ABC) had signed for some legal documents in between which i was not aware of and not signed of
Now they are saying I can't join to the End client as per the Agreement .

2)

Will this harm me in anyway as i didn't sign for it???

3)

Employer(XYZ) is getting scared now because if they ask for the payment ,
Employer(ABC) may proceed legally as I have joined the End client.
Will this be a problem to me in any case??

I have the copy of the Document with me ..Can some one please help me with this case or give me some lawyer you know of so that I can proceed legally for the wages that i have not received.

Kindly appreciate your help,
Thanks in advance

Sri

 

[GreenCardVirus]

Hello All,

I have the copy of the Document with me ..Can some one please help me with this case or give me some lawyer you know of so that I can proceed legally for the wages that i have not received.

Sri

Took a while to understand this story.

Now, are u working with the "Client" as an employee?

My advise, take the loss and just keep quiet. It could get very complicated.

If xyz is not paying you, then the whole GC processing could be deemed as fraudulent.

You can still complain to State Labor Dept if you are sure that this issue will not reach USCIS or any other dept related to GC processing.

That aside, abc and xyz cannot do anything if you complain about wages, their case is very weak.

 

[WorryForGC]

correct nothing comes for free here you da man

Took a while to understand this story.

Now, are u working with the "Client" as an employee?

My advise, take the loss and just keep quiet. It could get very complicated.

If xyz is not paying you, then the whole GC processing could be deemed as fraudulent.

You can still complain to State Labor Dept if you are sure that this issue will not reach USCIS or any other dept related to GC processing.

That aside, abc and xyz cannot do anything if you complain about wages, their case is very weak.

 

[kansar]

Thank you

Thank you so much ,

Yeah I'm working for the Client as an employee right now.

I was stuck with these middle employers for the last 5 years because of my GC. For these many years there was no vacation , no Med.Insurance , reduced the salary twice in between by saying their company was not doing well and I have paid for all H1's and GC processing.

I couldn't go in between as my End Client is a well known Educational Institution and job is secure for XXXX no of years.

My End client was ready to take me even before but not on H1 thats why I have waited all these years until I got EAD.

Here is a small thing that I didn't understand from tthe reply..

Who will inform USCIS that I didn't get paid for these 2 months??
If they don't pay me I can ask them to issue the Paycheck by paying the money to them. correct me if I'm wrong??

Still talks are going on with them will see what they come up with..

Thanks once again for your time which took you to undetstand my problem.
I know Its a little complicated as it happened over the 5 year period.

Thanks,

 

[GreenCardVirus]

Thank you so much ,

I was stuck with these middle employers for the last 5 years because of my GC. For these many years there was no vacation , no Med.Insurance , reduced the salary twice in between by saying their company was not doing well and I have paid for all H1's and GC processing.

The story is not much different with 1000's of people.

Things are volatile these days, for both employers (desi type) and workers. A simple threat of complaining to labor dept could work with xyz.

 

[kansar]

Than you once again for your Info..and I will follow after waiting for few more days.......

The story is not much different with 1000's of people.

Things are volatile these days, for both employers (desi type) and workers. A simple threat of complaining to labor dept could work with xyz.