employer exploitation

[slave_of_dalal]

All,

I used AC21 to switch my employer after more than 365 days of pending i-485 and approved i-140 . But my previous employer asked me to give him 15 days notice. I gave him 15 days notice and he didn't pay me for 2 paystubs after that. He also withdrew my I-140 thereby my EAD and I-485 were cancelled.

Since I was on his H1, can I do anything to get my 2 paystubs legally? This company is based in NJ.

Thanks

 

[pralay]

Your I485 and EAD is not cancelled.

As 365 days passed after your I-485 receipt date, revoking I-140 won't have any effect on your pending I-485 provided you have a similar job before final decision is made on your pending I485 (or RFE deadline, if any).

You can report to local labor department regarding non-payments. It's a serious violation of labor law if employer does not pay employee. It really does not matter whether you are in H1, GC holder or US citizen. Keep your record handy - copy of your resignation letter, record of last day at work (employer's release letter etc).