Employer harassment

S

sjetly

Registered Users (C)
Here is my case

Preapproved LC given my Employer

I140 filed in July 2004 (TSC)
I140 approved in Nov 2004
I485 filed on Dec, 20th, 2004

AC21 cut off date June 18th, 2005

My employer is harassing me and asking to pay an exorbitant sum of 15k right now or else he will revoke I140 since the 180 mark has not yet reached.

Approached several labor and employment lawyers for litigation with no positive response.

Need to protect my GC status and avoid paying the huge sum to the employer too.

What are my options?

Have the I140 approval notice copy, I485 receipt copy. Do not have the LC copy.

Reply fast since he is not giving much time.

Thanks in advance.
 
sjetly said:
Here is my case

Preapproved LC given my Employer

I140 filed in July 2004 (TSC)
I140 approved in Nov 2004
I485 filed on Dec, 20th, 2004

AC21 cut off date June 18th, 2005

My employer is harassing me and asking to pay an exorbitant sum of 15k right now or else he will revoke I140 since the 180 mark has not yet reached.

Approached several labor and employment lawyers for litigation with no positive response.

Need to protect my GC status and avoid paying the huge sum to the employer too.

What are my options?

Have the I140 approval notice copy, I485 receipt copy. Do not have the LC copy.

Reply fast since he is not giving much time.

Thanks in advance.
Click to expand...
Sorry to read about this situation. I do not think you have many choices here. This is just my thought, may be some one else can think of better way out. The only thing I can suggest is to show you helplessness in paying this amount and offer him that you are ready to sign a contract that you will not leave this company for next 1 year or so, if you are ready for that. I do not think there will be much harm in this. One year is not that bad a time in lieu of a pre-approved LC, at least in my opinion.

Did you agree to pay this 15K before accepting the pre-approved LC? What is the PD of the LC, if PD is prior to April 2002, may be some one else is offering your employer some money for it to give that LC to him.

Hope you find a wayout, best of luck!
 
Thanks for the prompt reply. My PD is Nov 2002 under EB3. So I am not current and hence I filed for my 485 in Dec 2004. He has already milked more then 30k out of me. I have told him I do not have the money.

Here is what I have found out. If he revokes the 140, the CIS takes 1 month to send NOID for the 485 during which I can give them evidence of new job under AC21. Now, is the date for the revoking taken into account or my reply towards the NOID which could be after the June 18th mark that will be considered?

Also using FOIA, I can request my LC copy. What is the fastest process. Can I just walk into the Miami INS bureau and ask them for the LC copy so that I can get the new job description and new offer letter. There are several companies willing to take my project and do AC21.

Time is off the escense. Please reply fast.
 
I was never asked any money prior to employment and he never discussed that I would need to pay 15k if I left him. Moreover, I never called him to tell that I am leaving. He initiated the call since he knew that I was close to the 180 day mark and he would possibly lose me.
 
After revoking the I140, can he still use my preapproved LC and give it to someone else? My lawyer said that if the I140 is approved and later on revoked by the employer, the labor cannot be substituted again. Any more inputs?
 
Based on my experience -
1. Yes, he can revoke approved 140 and use it for someone else. As it is less than 180 days on 485, you cannot use revoked 140 for AC21 purpose e.g. you will lose it. The USCIS statements and ruling on this is very clear.
2. It is not necessary that you would be given NOID. As you have not completed 180 days on 485, USCIS may issue denial. The Appeal options may not exist and the Motion to reopen may not succeed due to underlying requirements fo 485 pending for >180 days.

I think, signing one year is a better way. Just for your information, such signings in many states are just VOID like in CA. Employer use it to scare employess, who are innocent and ignorent of the fact that such signing stands no value in courts in those states. On the contrary, it can be used against the employer where employer has used unfair practice and forced the employee to sign such contract due to prevailing situations of the employee at that time.

I know many of my friends who have done it in CA and the employer could not do a shit about it.




sjetly said:
After revoking the I140, can he still use my preapproved LC and give it to someone else? My lawyer said that if the I140 is approved and later on revoked by the employer, the labor cannot be substituted again. Any more inputs?
Click to expand...
 
sjetly said:
After revoking the I140, can he still use my preapproved LC and give it to someone else? My lawyer said that if the I140 is approved and later on revoked by the employer, the labor cannot be substituted again. Any more inputs?
Click to expand...
Not really, can be used for second person. check it out....
http://www.immigrationportal.com/showthread.php?t=166519&page=1&pp=15 post #14

only option to save GC is, you should n't get NOID on your 485 pending less than 180 days due to revokation of 140.
 
sjetly said:
Thanks for the prompt reply. My PD is Nov 2002 under EB3. So I am not current and hence I filed for my 485 in Dec 2004. He has already milked more then 30k out of me. I have told him I do not have the money.
Click to expand...
I guess you are refering to the profit that he made off of your hourly rate, that is his first incentive to give you a pre approved LC. The bad thing is that now he is looking for another 15K.
Here is what I have found out. If he revokes the 140, the CIS takes 1 month to send NOID for the 485 during which I can give them evidence of new job under AC21. Now, is the date for the revoking taken into account or my reply towards the NOID which could be after the June 18th mark that will be considered?
Click to expand...
The date he sends in the revokation notice is the date they will take into consideration for calculationg 180 days. No matter when they (USCIS) wake up and send the NOID/Denial.
Also using FOIA, I can request my LC copy. What is the fastest process. Can I just walk into the Miami INS bureau and ask them for the LC copy so that I can get the new job description and new offer letter. There are several companies willing to take my project and do AC21.

Time is off the escense. Please reply fast.
Click to expand...
There is a dedicated thread about FOIA, search in the forum and you will find it. I did not use it but think it takes at least more than a month to get reply. I do not think there is a walk in option to it. As other members have suggested, your employer can very well use the Lc after revoking your 140.
A personal suggestion, try to workout something with your employer and show that you have no intention of leaving him. Some day in your life you will feel good that you did so. I do not know your personal situation, but it is worth staying with him for some time if you can get your GC. Now GC means different things for different people, but I am telling you what I would have done.

Best of Luck!
 
I guess dragging him in conversations is wasteful since he knows the deadline date himself and wants to extract money. No agreements are acceptable except hard cash. I guess I got to play it safe and pay up and after 180 days get back to him with a lawsuit and evidence and scares of reporting him to the USDOJ and USCIS. Time will tell!!!
 
EricS said:
I guess you are refering to the profit that he made off of your hourly rate, that is his first incentive to give you a pre approved LC. The bad thing is that now he is looking for another 15K.

The date he sends in the revokation notice is the date they will take into consideration for calculationg 180 days. No matter when they (USCIS) wake up and send the NOID/Denial.

There is a dedicated thread about FOIA, search in the forum and you will find it. I did not use it but think it takes at least more than a month to get reply. I do not think there is a walk in option to it. As other members have suggested, your employer can very well use the Lc after revoking your 140.
A personal suggestion, try to workout something with your employer and show that you have no intention of leaving him. Some day in your life you will feel good that you did so. I do not know your personal situation, but it is worth staying with him for some time if you can get your GC. Now GC means different things for different people, but I am telling you what I would have done.

Best of Luck!
Click to expand...

Hello SJetly,

Another option I would suggest as a last resort is to agree to 15K in monthly installments, payable over a period of time. Try to buy some time using your negotiation skills and after AC21 eligibility ask him to show his a** and you know what to do!!.

Thanks
GC
 
sjetly said:
Here is my case

Preapproved LC given my Employer

I140 filed in July 2004 (TSC)
I140 approved in Nov 2004
I485 filed on Dec, 20th, 2004

AC21 cut off date June 18th, 2005

My employer is harassing me and asking to pay an exorbitant sum of 15k right now or else he will revoke I140 since the 180 mark has not yet reached.

Approached several labor and employment lawyers for litigation with no positive response.

Need to protect my GC status and avoid paying the huge sum to the employer too.

What are my options?

Have the I140 approval notice copy, I485 receipt copy. Do not have the LC copy.

Reply fast since he is not giving much time.

Thanks in advance.
Click to expand...

sjetly,
Try not get into argument with your employer. Right now your aim should be "NEGOTIATION" , rather than make him angry and getting into trouble.
1st Option: Tell him that you will give writing that, will work for you atleast One Year.If he agrees you are cool.. but looking into the situation i dont think he will agree for the same. So offer him that you will keep some deposit and ask him to return back after completing a Year.
2nd Option: Try to negotiate with the amount and ask him that you will pay in installment.
Right now Ball is in his court. try to be very cool until till your 180 days gets completed. After that i dont need to tell you..

Good luck
 
vibrant said:
sjetly,
Try not get into argument with your employer. Right now your aim should be "NEGOTIATION" , rather than make him angry and getting into trouble.
1st Option: Tell him that you will give writing that, will work for you atleast One Year.If he agrees you are cool.. but looking into the situation i dont think he will agree for the same. So offer him that you will keep some deposit and ask him to return back after completing a Year.
2nd Option: Try to negotiate with the amount and ask him that you will pay in installment.
Right now Ball is in his court. try to be very cool until till your 180 days gets completed. After that i dont need to tell you..

****AND make sure he has has not used that LC for sombody else(by taking the same money),if the other person filed I-140, I-485 with that LC and got GC approved before your I-485 approval then that LC will be of no use to you and your I-485 will be denied
*** try to keep any evidence that he is asking money for LC ( take the help of some lawyer to use some trick so that lawyer can have evidence of his illegal way to grab money and screw him later)
Good luck
Click to expand...
 
Or may be buy a smart recorder and record his statements. Once you have the recording of him asking you money, you may have good bargain on that.

You may buy one of multifunction palm / cell and can show like getting a call, pretend hearing and put recorder on.

Be careful and practice in advance.

Shame to such employers and shame to USCIS to help create such situations.



 
Thank you guys for your advice. Feel better. I am going to play it safe with the GC till the 180 days. No taking chances. We all know what the GC means to us. But yes, I will not let him go scott free. Met an attorney today and seeking advice to strike back later on. Getting some emails as documentation and evidence. Its not just the 15k but damanges too that I need to get back. I guess Labor and Employment attorney's know better how to handle extortion cases. Sick of these desi consultants trying to make quick money. :mad:
 
Nothing will happen.This is special case

They can revoke your i140.But,in the mean time send another company offer letter with the help of good attorney mention why you are leaving current company?.

USCIS definitely will accept.One of my friend employer also threaten my friend after 90 days is over from his 485 filed date.He quit that company and joined as a full time employee with fortune #10 ranked company.He hired good attorney and sent the new offer letter to USCIS.Thye accepted,they sent the GC with in three months.This was happened in 2003

If you hire good attorney,they can defence strongly on you.

According to rajiv khanna view "one in out of 10 cases like this Employee will win.Employer is looser".I bet emplyer can't do anything.
 
140 became a hell

All,

What is the gaurenttee that his employer even after 180 days...he won't revoke 140 ? This kind of black mailers....will do at any time. A good/rough attorney is the right answer....for this kind of black mailers.

Thanks,
skarza.
 
AC21 is shelter after 140 is approved and 485 pending for more than 180 days.
Once that happens, employer would be more keen to somehow hold on to employee rather than playing tough.

Never the less, there is no shortage of bull headed idiot employers who still dare to take Panga with the employess.

skarza said:
All,

What is the gaurenttee that his employer even after 180 days...he won't revoke 140 ? This kind of black mailers....will do at any time. A good/rough attorney is the right answer....for this kind of black mailers.

Thanks,
skarza.
Click to expand...
 
I understand the case with your friend and that it worked out for him. However, I still feel it is risky to take that step since if he revokes and I send a new offer letter and let the USCIS know the reason through an attorney, it will be my word against his for the reason of revocation. What if it does not get accepted. My situation is screwed and I need to restart from scratch. Such employers need to be taught a lesson and threatened later on with lawsuits so they do not harm consultants ever again in their life. :mad:




subba1974 said:
They can revoke your i140.But,in the mean time send another company offer letter with the help of good attorney mention why you are leaving current company?.

USCIS definitely will accept.One of my friend employer also threaten my friend after 90 days is over from his 485 filed date.He quit that company and joined as a full time employee with fortune #10 ranked company.He hired good attorney and sent the new offer letter to USCIS.Thye accepted,they sent the GC with in three months.This was happened in 2003

If you hire good attorney,they can defence strongly on you.

According to rajiv khanna view "one in out of 10 cases like this Employee will win.Employer is looser".I bet emplyer can't do anything.
Click to expand...
 
sjetly,

I agree with you. It is in your interest to take it to 180 days. You have already paid thru your billing rates. Now when you are almost there, do not lose it. I did the same mistake and belive me, mostly nothing works except finding new GC sponsor. But then what is guarantee the new sponsor would not do the similar things again? You may land up in worse situation, financially and mentally, both.

It is endless loop and the only way to get out of it is to get GC, with AC21 being an intermediate energiser. As you are running out of energy here, get to the energiser and hold on to it till you reach the destination GC.



sjetly said:
I understand the case with your friend and that it worked out for him. However, I still feel it is risky to take that step since if he revokes and I send a new offer letter and let the USCIS know the reason through an attorney, it will be my word against his for the reason of revocation. What if it does not get accepted. My situation is screwed and I need to restart from scratch. Such employers need to be taught a lesson and threatened later on with lawsuits so they do not harm consultants ever again in their life. :mad:
Click to expand...
 
Fingerprinting notice postponement

Guys

Thanks for all your help. I am being guided by the attorney. However, I only have a case if my I485 is pending for 180 days and I actually exercise AC21. Since if my 485 gets approved b4 180 days, I am not eligible for AC21 and my 140 could be revoked later on and I will get a NOIR on my Green card. Correct me if I am wrong on this.

So the best case scenario for me would be to hang on till June 18th, 2005 and strike back with my attorney later on. Besides, I have my fingerprinting appointment on April 23rd, 2005. Actually I am worried about my case getting approved prior to June 18th and was thinking if it is a good idea to "POSTPONE" my FP to a later date by calling up USCIS by say a month or so so that the chances of getting approved later on prior to June 18th are almost negligible. Seems ackward that I do not want my Green card quickly but I guess my case is slighly different.

Also my PD is Nov 2002 which is borrowed from the preapproved LC since my I140 filing date is June 2004 which was the beginning of my GC process. I never had an earlier PD. It seems logical that since the Priority dates under EB3 are currently backlogged to June 1st, 2002, I should not get approved any time soon. But I have been reading a particular thread on this forum related to LUD every day after FP and then people getting approvals in 30 days after the LUD stops updating.

http://immigrationportal.com/showthread.php?t=162928&page=1&pp=15

It is getting me nervous that if I go for my FP on April 23rd, I could get approved prior to June 18th and that would pose a grave risk to my GC and my attorney's case even though my PD is not current.

Also please confirm whether I actually have borrowed the PD from the preapproved LC or not? I think I have but I am not sure, else my PD will be June 2004 as per my I140 and I am heavily backlogged.
 
Last edited by a moderator:
You must log in or register to reply here.
Top