AC21 & quitting current employer question

[Shankar12345]

I have a full time job offer from a good company and I have to quit this company I have been working for three years. I am planning to invoke AC21 as it’s been more than two and half years since I filed I-485.

Last week, I was about to tell him that I've a full time job offer. He really got mad, so I didn’t want to talk him anymore. I am aware that he can revoke approved I-140 between now and date I will join the new company. This is the only thing I am afraid of. Until today, he hasn't revoked it. I won't be able to file AC21 until I join this new company in next week.

I am planning to join new company from next week without giving notice to this current employer. He kind of knows about it, though.

1) Is there any issue he can create because I won’t give him any written notice? Again, I have no signed contract or anything with him.

2) He hasn’t paid my salary for last two and half months? This is a lot of money for me. Most likely, he will try not to pay me once I switch this job. What should I do in this case?

I would really appreciate any help.

 

[TheRealCanadian]

I am aware that he can revoke approved I-140 between now and date I will join the new company. This is the only thing I am afraid of. Until today, he hasn't revoked it. I won't be able to file AC21 until I join this new company in next week.

Why not? You can file AC21 at any point. Your offer letter should be sufficient evidence.

Is there any issue he can create because I won’t give him any written notice? Again, I have no signed contract or anything with him.

If you are an at-will employee, no.

He hasn’t paid my salary for last two and half months? This is a lot of money for me. Most likely, he will try not to pay me once I switch this job. What should I do in this case?

Report him to the state Department of Labor and sue his ***. I'd stop working immediately.

 

[Shankar12345]

The real canadian- thanks for your response. The job offer letter only has start date, title, and salary info... not duties... so I am waiting to get that. Can I just send that letter for now and if I get RFE, send the detail letter with position duties?

A different question arises here.. I am looking back email that was sent three years ago. The agreement mentions, if I leave job without consent, I have to pay 5000 as liquidation damage... very weird! How can this be possible? I never signed it and sent it back. He should have nothing like that in my profile signed by me until/ unless he makes his own.

 

[TheRealCanadian]

Can I just send that letter for now and if I get RFE, send the detail letter with position duties?

I'd personally wait, and when you get the NOID/RFE send what you have then.

The agreement mentions, if I leave job without consent, I have to pay 5000 as liquidation damage... very weird! How can this be possible? I never signed it and sent it back. He should have nothing like that in my profile signed by me until/ unless he makes his own.

Then you should be fine. Either way, he voided the agreement by not paying you. Sue him.