Dependent using EAD- Threat for Primary benifiery loosing job

K

kumarvalluri

Registered Users (C)
HI ,
Myself and my wife are working for a A company both are on H1
but my wife got Greencard filing as primary benificiery ,
She filed under concurrent filing including me as dependent.
Now since we got EAD and AP but our I140 and 485 are still pending but completed 180 days,i want to use EAD to go for perm job but still my wife will continue with company A, but the A company says they will cancell my wifes green card if i leave there
company because i am on heavy billing and working for company A for the last 2 yrs .

Can he threaten us like this , Can he withdraw my wifes green card since we paid for the entire green card processing Fees.-

Please some body can help us on this situation.
 
HI ,
Myself and my wife are working for a A company both are on H1
but my wife got Green card filing as primary beneficiary ,
She filed under concurrent filing including me as dependent.
Now since we got EAD and AP but our I140 and 485 are still pending but completed 180 days,
i want to use EAD to go for perm job but still my wife will continue with company A, but the A company says they will cancel my wife’s green card if i leave there
company because i am on heavy billing and working for company A for the last 2 yrs
------ Your company is blackmailing you. The best option for you is let your wife I-140 gets approved. The day her I-140 gets approved and I-485 pending more than 180 days they can NOT revoke I-140 and her green Card processing will continue, she can also change employer and use AC21. As you are derivative beneficiary of your wife pending I-485 it will also save your I-485 let her I-140 get approved. If you use EAD now you will lose your H1 and company can also create problems, better wait for her I-140 to be approved.


Can he threaten us like this , Can he withdraw my wife’s green card since we paid for the entire green card processing Fees.-
------ Employer can revoke I-140 now and that will be withdrawal of her GC, as her I-140 has NOT been approved. Paying the fees from your wife side was illegal, employer has to pay the fees for GC as GC is for future job, but for the spouse I-485, EAD, AP many companies don’t pay the USCIS fees and lawyer fees. If you paid for dependent I-485, EAD, AP then it is legal.

Please some body can help us on this situation.
*** Your wife and you both should maintain H1 status till your wife I-140 is not approved, she should also not use EAD because many I-140 get RFE if I-140 is denied then all EAD, AP I-485 will be denied.
Read the link below:
http://www.murthy.com/ukdenial.html
 
sorry but I think your are being blackmailed

Immigration Law: unfortunately unethical is not illegal. The company can revoke your wife's I-140 unless she had obtained written promise from them about not doing so.

I am afraid you just have to bite the bullet and stay till the I-140 is approved. Since it seems like you have a vindictive employer, it is better to do things by the book. Looks like for you to change employers, your wife will have to do so too

1. After I-140 is approved
2. Get new job on EAD
3. Make sure you have a good attorney wih experience with AC21
4. Make sure you and your attorney are in agreement that the new job qualifies for AC21 portability
5. Accept new job
6. Send letter to BCIS about AC21 eligibility
7. Politely ask current employer to kush your arsch

Criminal Law: Those threats are tantamount to blackmail. If you can get proof of them you can actually bring a federal criminal case against them and settle for millions
 
hi. is that really true. i have a message from my original employer with the threats. what should i do to file a suit ? can i go through the DOL or should I hire a lawyer. In either case how can the former employer affect my yet pending 485 ?

thanks
 
Originally posted by ginnu
Paying the fees from your wife side was illegal, employer has to pay the fees for GC as GC is for future job, but for the spouse I-485, EAD, AP many companies don’t pay the USCIS fees and lawyer fees. If you paid for dependent I-485, EAD, AP then it is legal.
Click to expand...

This is incorrect. The beneficiary can pay for all of the fees associated with the Green Card, and it's perfectly legal. I paid my I-140 filing fee using a personal check with my name on it.

You may have this confused with the unlamented H-1B "training fee", which could NOT be paid by the alien beneficiary.
 
Originally posted by Krishna02
hi. is that really true. i have a message from my original employer with the threats. what should i do to file a suit ? can i go through the DOL or should I hire a lawyer. In either case how can the former employer affect my yet pending 485 ?

thanks
Click to expand...


Depends on what kind of threat it is. A lawyer might help you classify if the mails form a valid reason for suing your employer.

If your 140 is approved and have completed 180 days of filing your AOS, your employer cannot jeapordize your GC.

hth
dyno
 
Stay put with the current company until I-140 is approved..

Get a good attorney.. someone from Mr. Khanna's/Ms. Murthy's office and consider following Waytoolong and Ginnu's suggestions.
 
at the time i applied, there was no concurrent filing. So I have a valid I140 (actually 2) and about 500 days pending !

I actually want to first get some unpaid time when I was with the former employer. My main concern is what happens to the duration when I was not paid. Will I be considered illegal ? If not, can I go ahead with reporting to the DOL. I dont want to go through a lawyer if I can get it through DOL. (I think DOL will deal with the employer and not me. If I hire a lawyer, I will have to work with the lawyer to frame the case)

Thanks
 
Originally posted by Krishna02
at the time i applied, there was no concurrent filing. So I have a valid I140 (actually 2) and about 500 days pending !

I actually want to first get some unpaid time when I was with the former employer. My main concern is what happens to the duration when I was not paid. Will I be considered illegal ? If not, can I go ahead with reporting to the DOL. I dont want to go through a lawyer if I can get it through DOL. (I think DOL will deal with the employer and not me. If I hire a lawyer, I will have to work with the lawyer to frame the case)

Thanks
Click to expand...


You are in safe mansion Krishna02.

Depends on how bad were you bruised by your employer.
If yu approach a lawyer you may get it settled outside court and there will be no repercusiions for your employer. They might just pay your salary during that period if you can prove that you were still employed by them during that duration.

If you report to DOL, there is a chance that it could trigger a DOL audit which would cause extra scrutiny of any labor applicatioin filed by the employer. Also the DOL might report the issue to IRS which might trigger an IRS audit which could trigger a USCIS audit and any application filed by your employer will be blacklisted.

Not that I am suggesting that you should not fight for your rights, but check if your employer is ready to negotiate, if they are unwilling sent a notice through lawyer, if the employer is still reluctant, then report to IRS/DOL.

hth
dyno

 
I am also thinking about being a bit more conservative. What if I wait till my 485 is adjudicated ? It may be another 6 months I think. Is there a time limit on filing such a claim ? I am thinking about both salary suit and threat suit.

But I definitely wouldnt want him to get away. I even applied to canadian and I should hopefully get that very soon.
 
Originally posted by Krishna02
I am also thinking about being a bit more conservative. What if I wait till my 485 is adjudicated ? It may be another 6 months I think. Is there a time limit on filing such a claim ? I am thinking about both salary suit and threat suit.

But I definitely wouldnt want him to get away. I even applied to canadian and I should hopefully get that very soon.
Click to expand...


There is no time limit. If they ask about why you delayed your suit, you can always say that you were concerned about your GC approval.

However long it takes, if you have valid proof, you can file it anytime. But be sure to run it through a competent professional before taking any decision.

hth
dyno
 
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