Change of Job - Please help

H

hr0803

Registered Users (C)
My I-140 was approved and its 9 months (over 180 days) since I filed I-485.
Now planning to switch my job. Meaning I was a contractor to client "C" through company "A". Now joining client "C" as full-time employee.

Looks like my employer "A" does not like me to change job, and may stop paying me the last pay-checks. Is that possible for an employer to stop payment? and if they do it that way, in what way should I take action to get paid for the period I worked for them? How do I handle this? Should I hire a lawyer?

Also they said that they will not support on my GC process if there is any query from INS or anyone regarding your employment or anything. I think if there is any RFE on my I-485, does it go to my previous employer's lawyer, and they would not notify on that to me?

If they try to revoke my approved I-140, I can apply for AC21.

Please advise. I am desparate
 
hr0803 said:
My I-140 was approved and its 9 months (over 180 days) since I filed I-485.
Now planning to switch my job. Meaning I was a contractor to client "C" through company "A". Now joining client "C" as full-time employee.

Looks like my employer "A" does not like me to change job, and may stop paying me the last pay-checks. Is that possible for an employer to stop payment? and if they do it that way, in what way should I take action to get paid for the period I worked for them? How do I handle this? Should I hire a lawyer?

Also they said that they will not support on my GC process if there is any query from INS or anyone regarding your employment or anything. I think if there is any RFE on my I-485, does it go to my previous employer's lawyer, and they would not notify on that to me?

If they try to revoke my approved I-140, I can apply for AC21.

Please advise. I am desparate
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Legally, your employer is bound to pay you for whatever hours your put in. If he doesn't, then you can take him to court. You should hire a lawyer for that.

For your employer not supporting your GC process. You don't need him. File AC-21 as soon as you join the new company. Your old employer might revoke your I-140. If your I-140 is revoked before you file AC21, you may receive a NOID. Just send in your AC21 documents. AC21 just transfers the GC process from your old employer to your new employer.

You can either use the immigration lawyer from your new company if they have one or hire one on your own. Fill out a G-28 from giving your new lawyer the power to correspond on your behalf.

Your old employer is just trying to scare you so that you won't take the new job. If you lose your new job or old employer might take you back. Try and see if you can maintain good relations with him so that you come out the winner in the end. Goodluck.
 
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Totally agree with minn labor .... he has given very detailed guidance

It seems like you are working for a desi employer. so typical !!!!!

Still try to keep good terms with him. You never know. But if you must leave company A then do it without any fear.
 
Yes. It is a desi company only. There is no doubt in it.
I am still trying not to fight/show anger etc with them. Keep trying to have good relationship. But they just say that they are in business and if "A" as a company takes any action, then they can not help me.

Say I give them 2 weeks notice from today. Can they revoke my 140 in this two weeks itself? before even I can do my AC21 throught the new employer's lawyer?

My new employer accepted to provide their lawyer for any further proceedings, but just wondering if they can revoke the I-140 asap, as its a typical desi company.

Thanks for your reply. Appreciate your help.
 
hr0803 said:
Yes. It is a desi company only. There is no doubt in it.
I am still trying not to fight/show anger etc with them. Keep trying to have good relationship. But they just say that they are in business and if "A" as a company takes any action, then they can not help me.

Say I give them 2 weeks notice from today. Can they revoke my 140 in this two weeks itself? before even I can do my AC21 throught the new employer's lawyer?

My new employer accepted to provide their lawyer for any further proceedings, but just wondering if they can revoke the I-140 asap, as its a typical desi company.

Thanks for your reply. Appreciate your help.
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HR,

Yes, your old employer can revoke your I-140 at anytime, that means, within the two week notice period. I am not sure how long it would take a service center to process that.

Here's what I would do if I were you
Sign your new employment papers
Get an Employment Verification Letter from the new employer
File an AC 21

Technically, a two week notice is a courtesy and you are not required to give one. Your employer would not have given you a two week notice before firing you. Its upto you.

Goodluck
 
Cheekoo said:
Totally agree with minn labor .... he has given very detailed guidance

It seems like you are working for a desi employer. so typical !!!!!

Still try to keep good terms with him. You never know. But if you must leave company A then do it without any fear.
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Cheeko, are an Indian male? This is the third time an Indian *MALE* has assumed me to be a *MALE* without knowing that for sure. Maybe, you have been bought up in a society where only MALE's would be on forum like these giving out advice or asking for one.

Lets keep this forum gender free. Don't assume someone's gender if you don't know for sure. I will just leave it at that.
 
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minn_labor said:
Cheeko, are an Indian male? This is the third time an Indian *MALE* has assumed me to be a *MALE* without knowing that for sure. Maybe, you have been bought up in a society where only MALE's would be on forum like these giving out advice or asking for one.

Lets keep this forum gender free. Don't assume someone's gender if you don't know for sure. I will just leave it at that.
Click to expand...

visit www.usvisahelp.com/art_ac21.html to be even more sure. It also has links for more details.
 
Hello gurus,
I have one more question about the change of job.
usually the desi consulting companies have a clause in their offer letter or employer maual which we sign during joining them.
that states something like this.
"You can not join the client that are directly or indirectly working through XXX Inc."
It means that if we have one middleman/recruiter between the employer XXX Inc and the client, and if you join the client leaving the employer, is it legal? and can the employer file a lawsuit for joining the client?

but the employer has no contact with the client by anymeans.

please advise.
 
minn_labor said:
Cheeko, are an Indian male? This is the third time an Indian *MALE* has assumed me to be a *MALE* without knowing that for sure. Maybe, you have been bought up in a society where only MALE's would be on forum like these giving out advice or asking for one.

Lets keep this forum gender free. Don't assume someone's gender if you don't know for sure. I will just leave it at that.
Click to expand...

Minn_labor, don't be so harsh on someone for mistakenly assuming you as a man and stop accusing about societies. I don't think any culture has rules defined about who can be on online forums and who cannot. You could just say "I am not a man" period and stop collecting statistics of all people in the past that assumed you a male.
 
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