AC21 employers fault

[krishna raj k]

Here is a question that I know lot of us are going through. (I know since I talked to several applicants)

The employer acts smart once he applied for 485 and starts using illegal tactics to extort employee. What can the employee do. This is very common after 485 due to the 180 day rule.

Can anybody tell if it will be legal to leave theemployer before 180 days and complain to bcis and still not jeopardise his case ? I am sure theemployee can get hired by his client (he was working through his company)

Any opinion esp from a person with legal background will be appreciated. Thanks.

 

[jbm]

Originally posted by Krishna02
Here is a question that I know lot of us are going through. (I know since I talked to several applicants)

The employer acts smart once he applied for 485 and starts using illegal tactics to extort employee. What can the employee do. This is very common after 485 due to the 180 day rule.

Can anybody tell if it will be legal to leave theemployer before 180 days and complain to bcis and still not jeopardise his case ? I am sure theemployee can get hired by his client (he was working through his company)

Any opinion esp from a person with legal background will be appreciated. Thanks.

1. you can go for CP through I-824 route

2. you can compalin serveral governing body, i doubt it will be useful/ fruitful in short term not specially when your I-485 pending
see green card is good will efford, they are not bind with anything
in case if they want and if they withdraw I-140 application and use LC for some other people, you might get in trouble by yourself with further complication, eventhough some posting says I-140 withdraw won't effect your I-485 petion, but why you take risk

3. there is another thought of train thinking your I-485 won't approve in 180 days (6 months) so by using AC21 wording or loop hole you can switch job before 6 months becuase practially ins won't touch your case for atleast year or so, and when and if they issue REF you can send current paystub and employment letter from your client

4. you need good lawyer for consultation, the forum is good stating point , but it not enough if you feel tactics is very bad and you need action right away.

i would take option 3 with conjuction with # 4

I hope this help

ps. there is not legal to leave employee before I-180 days of your I-485 application, becuase in emplyment based gc, if you don't have future job the gc process is dead.

jb

 

[krishna raj k]

Thanks for your reply but it is still not clear to me.

I have completed more than 8 moths now and the former emp has not done anything. but then I think I can legally get a lot of money out of him and i want to since he really troubled me. I have even made up my mind that even if I dont get gc, I will sue him or at least report him to dol. I am satisfied with India or canada.

lawyer => suing and dol => authorities. That is where I have to decide.

I want to know that if I go legal and I do get through gc, will I have any problem ? As of now, I think the emp has lost control over my gc.