AC21 employer threatening to fire - ginnu & experts help!

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bumblebee

Registered Users (C)
Hello.. I filed concurrent I-140/I-485 in August 2002 with Consulting company and got laid off <180 days. I-140 got approved in 2 months and was never revoked. Now I started with another consulting company a few months ago, and they are saying based on my case it is "high risk" and they will terminate me proactively because of that, because at time of hiring they forgot to check the details of my EAD. This all happened because I approached them about sending AC21 letter to INS proactively.. They are saying they will involve their immigration lawyer to look at my case and rule it as "hopeless". What can I do? How can I convince them that my case has merit? They are not listening to me and they are saying AC21 regulations have been issued in August and everyone who worked for sponsor <180days will be denied, and that there is no room for another interpretation!
 
I don't think that if you worked for sponsor for less than 180 days automatically means you will be denied. It highly unlikely that you will be denied on that basis. The fact that the employer did not revoke 140 implies he is supporting your case. Also you were fired and not quit- holds totally in your favour.
Shusterman on this subject
I don't know what you meant by failed to check EAD?
If 140 is approved and 485 pending more than 180 days 140 can not be revoked- provided you have a suitable proper job now.
I would opinion- you do not have any much reason to worry.
HTH
 
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The new employer should not have any reason to fire you provided you have a valid EAD. He does not have to concern himself at all with your GC, AC21 etc- that is only for you to worry.
But if you don't have a valid EAD- when you started working for him- he and you both are in trouble- at least some. This once again has nothing to do with AC21.
HTH
 
The employer is saying that they accepted the EAD on day 1 (the EAD is perfectly valid), but later they said that normally they don't accept EADs unless they are certain that you will get the green card. So in my case, they are saying they would have reviewed my whole case and determined how likely it is to get approved before accepting the EAD.
 
Originally posted by bumblebee
The employer is saying that they accepted the EAD on day 1 (the EAD is perfectly valid), but later they said that normally they don't accept EADs unless they are certain that you will get the green card.
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That's their problem. I suggest you find a new employer, and if the current one fires you look into filing a wrongful termination suit. If they're discriminating based on your EAD then this is a clear civil rights violation. Get this in writing.
 
That is correct. EAD and AC21, GreenCard etc are all totally unrelated things. If you have a valid EAD- the employer cannot refuse employement. Firing you on those grounds- would be illegal dsimissal. They may not support your AC21- that is a separate matter. If they don't want to support AC21 (or fire you)- you need to find new employer. But your status as well as GC process is sound. Getting fired before 180 days of 485 should not matter in any way.
HTH
 
The I-9 form on the top says:
It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee. The refusal to hire an individual because of a future expiration date may also constitute illegal discrimination.

HTH
 
Originally posted by sb_tiger
The I-9 form on the top says:
It is illegal to discriminate against work eligible individuals. Employers CANNOT specify which document(s) they will accept from an employee.
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Absolutely. Get their refusal in writing, find a new employer, and sue their asses off.
 
They're covering their behinds, and they won't give me anything in writing... How can I prove anything? They may just claim there were "performance issues"..
 
An employer can fire you without any reason- so that is fine. But if he has talked about firing for AC21 kind of reasons- that would hold in court- they will have to say under oath they never said it etc etc. You don't have to have anything in writing. But all that is a legal matter.

Best thing is to get a proper lawyer to talk to them about the immigration matter- they may be getting bad advice from a not-so-good lawyer.

Also look for a different job- that all of us do anyway so....

HTH
 
Originally posted by bumblebee
They're covering their behinds, and they won't give me anything in writing... How can I prove anything? They may just claim there were "performance issues"..
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Performance issues typically require negative reviews or some other documentation. You can't just fire someone on the spot and expect that to withstand a wrongful termination suit.

Additionally, once you file suit you can have managers deposed, documents subopenad, and all sorts of good stuff. There's bound to be a paper trail somewhere. Spend $100 and get a consultation with an employment attorney; that fact alone probably won't preserve your job but will give you a nice fat severance cheque to go away.

And remember, if they let you go, DO NOT SIGN ANYTHING FOR ANY REASON UNLESS YOUR OWN ATTORNEY SAYS YOU CAN.
 
Do not provide any details I-485 to them. All you have to get is employment letter. You can say you need it for home Mortgage.

Show them the clause on I-9 that they can verify validity of document with CIS.

My friend has similar problem. He asks any thing employer asks him to talk to attorney. This attorney is regular attorney who does not know any thing about immigration. He sent the attorney I-9 form and explained him. Fortunately Attorney accepted the argument
 
Obviously my employer already has the I-485 info. It was such a mistake to approach the employer proactively about this - now I'm thinking of hiring my own lawyer to talk to the company's immigration lawyer, just in case...
 
Since you have valid legal status and employment authorization, they cannot fire you unless you have lied in the employment application (e.g. written GC instead of AOS).

Sue them
 
Originally posted by bumblebee
Obviously my employer already has the I-485 info. It was such a mistake to approach the employer proactively about this - now I'm thinking of hiring my own lawyer to talk to the company's immigration lawyer, just in case...
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This is problem with companies, which does not have immigrant workers on Payroll.

Just remember I-485 is your petition you employer cannot do any thing. Just in case of emergency keep in touch with some known Desi Company who can give you an offer for future employment.

Tell your employer clearly he need not worry about your GC. Since it is your own petition you can take of that.
Do not sign G-28 for new attorney. Getting you own attorney is better choice.
Do not send AC-21 letter now. That way you can keep this employer away from your GC process.
 
Where do I find these known Desi Companies? Please PM me with more info..

My company does have an immigration person on staff, but apparently it's not the right person.
 
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