Complaint against former employer -affect on my 485??

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chito123

Registered Users (C)
hi gurus,

I want to file a complaint with DOL against my former employer for not reimbursing the H1B cost of $2000, which I have paid directly to attorney. would this affect my I-485 ? If DOL & USCIS investigate my employer based on my complaint, do they cancel my GC because of employer's violation/fraud ? please suggest.

chito
 
chito123 said:
hi gurus,

I want to file a complaint with DOL against my former employer for not reimbursing the H1B cost of $2000, which I have paid directly to attorney. would this affect my I-485 ? If DOL & USCIS investigate my employer based on my complaint, do they cancel my GC because of employer's violation/fraud ? please suggest. chito
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Chief,

This situation is a real googly. Its a double edged sword and you def need an attorrney's advice.

A lay man's view point: Though your former employer has to pay you for the H1B by law, you need to perfectly understand and see what counteraction can your former employer take with regards to the H1B application. If the former employer can point to some info pertaining to you in the H1B that that they can say may not be accurate etc, it could potentially hurt you and delay your 485. Hence consulting a good attorney would def help you.
 
chito123 said:
hi gurus,

I want to file a complaint with DOL against my former employer for not reimbursing the H1B cost of $2000, which I have paid directly to attorney. would this affect my I-485 ? If DOL & USCIS investigate my employer based on my complaint, do they cancel my GC because of employer's violation/fraud ? please suggest.

chito
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No they cannot cancel GC. You GC is safe and should be fine even if file complaint. There is no double edge sword here. However, the disputed amount is not salary money. Unless you have something written proof somewhere stating that your employer agrees to reimburse you H1 expenses, you don't have case at DOL. That proof could be something written in offer letter or just an email where your employer asked you to pay that amount and promised you reimbursed you later.

Another options is going to small claim court and claim that money.
 
alibaba007 said:
If the former employer can point to some info pertaining to you in the H1B that that they can say may not be accurate etc, it could potentially hurt you and delay your 485.
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H1B is employer's petition. If something wrong in H1 (which is not valid anymore), why should it affect employee (actually ex-employee)?? The only information employee provides in that petition are copies of degree certificate and resume (experience info). There is nothing wrong that employer can point out in this two documents - unless degree certificates are forgery and resume is phony.
 
pralay said:
H1B is employer's petition. If something wrong in H1 (which is not valid anymore), why should it affect employee (actually ex-employee)?? The only information employee provides in that petition are copies of degree certificate and resume (experience info). There is nothing wrong that employer can point out in this two documents - unless degree certificates are forgery and resume is phony.
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Pralay,

That is exactly what I meant. Since I did not know the case of the gentleman I just want him to be aware that an employer can take up an issue for mis-infomration / wrong information etc. If he/she feels that there is no issue with the information (99% of the cases, we all give the right info) he can surely complain.
 
My 2cents:

Don't mess with your employer who filed your GC. Is it worth the effort if he withdraws I140 and can potentially put bad taste making you spend more than 2K in legal fee.

Leave them alone until you get your gc. Just my opinion...
 
I'd agree with.

srireddy said:
My 2cents:

Don't mess with your employer who filed your GC. Is it worth the effort if he withdraws I140 and can potentially put bad taste making you spend more than 2K in legal fee.

Leave them alone until you get your gc. Just my opinion...
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I'd definitely agree with you. No need to be messing up with the employer. If GC is happening forget $2000 or talk to them to conivince that they owe you that money. I can tell you that it's not going to help suit someone.

Cheers!
 
thank you all for your inputs

employer tortured me in somany ways. even they said they will revoke my I140 after I quit. I invoked AC21 safely. I already filed wage claim with DOL and got paid whatever they owed me. I already messed with them. i am prepared for worst to happen. so, i want to play my best offense as long as I dont shoot in my foot. DOL take very serious about H1B violations and investigate all records. I want to hurry to complain since for every claim there is a 2 year statute limit. I am still in dilemma though. my attorney does not want me do this as my former employer is his client.
i read in this forum, somebody(gc_eb3) got a call from homeland security about his ex-employer who is collecting fee for H1B and deducting from pay slips. I am not sure what the outcome is.

chito
 
I am with you chito123, just play safe, but never bog down to these guys, I belive our ignorance in legal matter is reason for all our suffering and compromise. Once I-140 is approved and itz been 180 days after I-485 notice your GC is afe and the employer who filed for you does not have any controle, of-course you should have similar job.
 
Invoking AC21

Hi Chito123 & Pralay,

Chito.....Pralay is Knowledgable guy. His openion is good. Take a better and safe approach.

Can You guys please let me know How to Invoke AC21? Need clearly what we need to do .....step by step the switching process safely. I want to switch to a new company. The company with which I am is having some internal problems. Ofcourse Not with me. Mine is a substitution Labour. My 140 is approved June 2003. Now I have to apply for 3rd EAD. Labour PD is: Aug 2002. Mine is applied under EB2 and concurrent Filing. I have a copy of Labour Approval and 140 Approval with me. Can you please let me know How to apply for AC21 ? Do I need to Inform the current employer ? After one month...of working with new employer, can I inform the current employer that I have switched already? Whatelse other documents....do I need to take from the current employer ?

I have paid for the GC expenses but the through the employer, but not directly to the attorney. Will the attorney support me if any query comes ?

Thanks,
skarza.
 
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I think chito123 is talking about former employer and he already invoked AC21 means 140 is already approved and he is working with new employer now. Here question is not about $2000 but punishment. Because we let our employers to do whatever they want to, they are taking disadvantage and we dont take any legal action because we are getting greencard. If few employees start taking legal action, all future employees will not have to suffer.

Good luck chito123.
 
Akash Sharma said:
I think chito123 is talking about former employer and he already invoked AC21 means 140 is already approved and he is working with new employer now. Here question is not about $2000 but punishment. Because we let our employers to do whatever they want to, they are taking disadvantage and we dont take any legal action because we are getting greencard. If few employees start taking legal action, all future employees will not have to suffer.

Good luck chito123.
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That's exactly my point. You are in the land of law. You should be aware of your rights. It's not your current employer, but ex-exployer. As you invoked AC21, he cannot do anything. The worst thing he can do is giving you a bad referral (if you wish to get it from him in future). That $2000 is hard earrned money. If you can, you should try to reimburse it.

Others, could you guys be little bit specific - what you are potential reasons for being "safe"? It does not mean anything unless you are specific.
 
chito123 said:
I am still in dilemma though. my attorney does not want me do this as my former employer is his client.
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Why should your attorney do thing? He provided his professional service, he got his billed money. Period. Why will he put his effort to reimburse your money from your ex-employer?
Normally for this kind of situation, it's better not pay attorney and let the bill paid by the party who is supposed to pay. I don't know in what kind of circumstance you had to pay that bill, but all I can say that it was a bad idea.
 
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chito123 said:
hi gurus,

I want to file a complaint with DOL against my former employer for not reimbursing the H1B cost of $2000, which I have paid directly to attorney. would this affect my I-485 ? If DOL & USCIS investigate my employer based on my complaint, do they cancel my GC because of employer's violation/fraud ? please suggest.

chito
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I thought the only fee the employer had to pay was the $1000.00 fee and everything else (legal fees + application fees) could be paid by either employee or employer?
 
Revenge is best served cold..

Based on the above discussion, I think that the gentleman in question has gone through hell with his employer. I also understand that he wants to get back at his employer. The only way he sees is by filing a case against his employeer regarding the H1 fees.

Considering that he already filed a case against them, what is he going to lose. If his employer couldn't anything about it then, what can he do now?

I would suggest you wait till the last minute(before the 2 year period ends) and file a complaint. Use another attorney.

I'm only suggesting this because, 'chito123' wants some peace of mind (I think).

Chito123, please use caution. It might give you the satisfaction of going one up, but i would desist. If you use your head instead of your heart, you will realise that its not worth it.

I know exactly how you feel. I have paid $10,000 for getting a substitute labor (Attorney fees not included). The company didn't spend a single cent for the original labor. Now I have to pay an additional $2200 for my 7th year extension. On top of this, take a huge cut from my bill rate. They have made more money on my projects than I have made :mad:

Ok. I'll stop ranting. Chito123, let it go. Move on with your life.
 
chito123

Chito123;

How about waiting till you get the GC aproved, provided you get the GC before two years end.


You had mentioned that you had got your salary throun DOL, how did you do it?

I am planning to use AC 21 once my I-140 gets approved (long way to go), Knowing my employer, I know that it will be be difficult to get my last pay check.

-Pearl
 
h2b questions

am still under h2b visa with new employer,i have problems with former employer.
question #1 is it legal for my former employer to see my most recent 1-94?the former employer won't give my w2 form unless seing my new i -94.
question #2 i did not finished my contract with former employer but i only began to work to my new employer upon receiving my new employers petition or new i-94.i even show it to my former employer before i left them.but they keep on harrasing me on this issue.
i appreciate any of your professional advice.please reply.
 
swixz said:
am still under h2b visa with new employer,i have problems with former employer.
question #1 is it legal for my former employer to see my most recent 1-94?the former employer won't give my w2 form unless seing my new i -94.
question #2 i did not finished my contract with former employer but i only began to work to my new employer upon receiving my new employers petition or new i-94.i even show it to my former employer before i left them.but they keep on harrasing me on this issue.
i appreciate any of your professional advice.please reply.
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Doesn't seem like your situation has anything to do with the I-485. You are in the wrong section of the forum.
 
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