Employer harassment

sjetly said:
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.
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Your PD Should be printed on the I-140 Approval notice please check if you have the copy.
As per my knowlgde your PD should be Original Labor PD which is November 2002.

As per Finger printing is concerned, I dont see you will get approval in two months when your PD is not current. but i dont want to predict USCIS Astrology,it's keep changing every minute. Also i would say there is 5% chance that your I-485 might get approved before June 11th, Even if you go for finger printing on April 23rd.

You can also postpone your FP to be on the safer side.
 
sjetly

can you let us know your consultant/employer. I wanted to know so that no body else should get cheated by this guy in future. you may also contact me by email.
 
Hi sjetly,

I am sorry to hear your situation. USCIS should crush these guys in jails and block list employers SSN from starting any new businees, cancel employers status..
unfortunately it's not happening and giving chances for harrass, exploit, demand money from employees, what not every thing employers are doing what ever they can..

If one employer goes to jail, then every body will get set right automatically. I wish to see this happned..

USCIS should allow employee to control/transfer his labor/140's to any other employer as like H1 once approved and other employer
of course ..it will not happens i know..

can you send me an email with that company name? So that it would be helpful for others for not to get cheated by this guy?
 
Sjetly

If you act against this guy, won't you be covered by whistle blower act in your state?
sjetly said:
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.
Click to expand...
 
Sandy2000 said:
Sjetly

If you act against this guy, won't you be covered by whistle blower act in your state?
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Whistle blowers are specifically those individuals who are protesting against a violation of a particular state statute. In this case, as per my knowledge, my employer is not in violation of a statute. He is trying to retain employment through an illegal mean that he devised but not necessarily is this written in the statute laws.

Also, if the employer revokes my 140 with the USCIS, I will come to know only when i get a NOID. How can I then go back to the USCIS and tell them that I am a whistle blower or that I should be protected because this is a clear cut case of emploitation. It is hard to get the USCIS to co-ordinate with another agency.
 
no need to worry

I hope you haven't paid him yet. I think you don't need to worry. You filed your 485 in Dec 2004 right? In another one month your 180 days will be over. Even if he tries to revoke 140 today it will take atleast 2 months for NSC to process the application within this time 180 days will be over and you can file AC121 immediately. That's just my thought.
In any case don't pay him 15k untill your 140 is approved. Even if you pay 15k what's the guarantee that your employer will support you and your 140 will be approved. Are you in 6th year of H1B? If not, if you have 2 or more years left in your H1 you can always try to find a good employer.
 
winterspring said:
I hope you haven't paid him yet. I think you don't need to worry. You filed your 485 in Dec 2004 right? In another one month your 180 days will be over. Even if he tries to revoke 140 today it will take atleast 2 months for NSC to process the application within this time 180 days will be over and you can file AC121 immediately. That's just my thought.
In any case don't pay him 15k untill your 140 is approved. Even if you pay 15k what's the guarantee that your employer will support you and your 140 will be approved. Are you in 6th year of H1B? If not, if you have 2 or more years left in your H1 you can always try to find a good employer.
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Well, to tell the truth I have agreed to pay. The issue is that the USCIS checks the date when the 140 was revoked. The processing delays for issuing the NOID are not taken into account. Basically till June 15th, I am under pressure and he realizes the deadline to collect money. I have infact paid him 50% of the amount. The only thing that can be done is that if he does not cash in the check for the balance amount by June 15th, I can do a stop payment and even if he revokes it later on, I can respond to the NOID with AC21. I am still in my 4th year of H1B. But lets put it straight. After being 15 days away from freedom, who would want to take slavery for another year or so. And what is the guarantee that the new employer does not behave in the same way.

But I have a good game plan post June 15th. And I plan to take him to task at that time. Thanks for the support.
 
vibrant said:
sjetly,
Did you work with your employer on your Issue?. did you do the Finger priniting?
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I have done my finger printing. I guess there is not much to worry since 485 dates for texas are still running at April 2003 and my application is for Dec 2004. It is anyways a matter of a few more days. The only thing that makes me a bit nervous are the LUD's. It has been constantly updating and I dont know what they are doing everyday with my case. I have pretty much left it on God almighty to not approve my case prior to June 15th.

I shall keep you guys posted.
 
Gurus

I need advice post June 15th. This is related to the new memo by Mr William Yates related to self employment.

Based on my situation, I can leave the employer on the 180th day of my RD which will be June 15th,2005. I am planning to resign that very day. My contract continues past that day and I have spoken with my staffing agency who is ready to work with me in terms of doing independent 1099 rather then the corp-corp with extra layer.

Should I do a straight 1099 with my staffing agency or should I do an hourly W2 with them? The problem with hourly W2 is that they are cutting my payrate heavily to do payroll and I think I can save some money by doing 1099 and paying taxes at the end of the year with a good accountant by my side.

Please advice as to how to go about doing independent contracting and also if it is a 1099 there is really no full time job offer from new employer as there is no employer in this case. How will I be able to prove to the USCIS that I am using AC21 without a formal offer letter?
 
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