Employer in trouble - What happens to my GC

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faranianq

Registered Users (C)
Hi,
My current employer is in violations of immigrations and company is appearing in front of court very soon. I just found out that today.
These violations are not related to me in anyway. I am just working as anyone would and have filed for my GC with this company.
My green card is in process and I have EAD and its been over 180 days.
What is my situation in this case?
What are my options?
Am I in trouble?
Thanks.
faranianq
 
Once an employer is targeted for immigration violations, they are likely to look through the employer's entire collection of immigration documents to find discrepancies or fraud. So they may take another look at your I-140 to see if there was fraud. If they find fraud, they would revoke the I-140 and deny your I-485. You can't do anything about it, because AC21 does not protect you in case of a fraudulent I-140. So just keep doing your job, and whatever happens will happen.
 
Jackolantern, Thank you for your time.

I am thinking to go for AC21 with another company asap and also apply for my labor (perm) again, incase USCIS finds any problems in current company's documents.

What do you suggest if I take this path?

Thanks.
faranianq
 
Empr in troble

faranianq said:
Hi,
My current employer is in violations of immigrations and company is appearing in front of court very soon. I just found out that today.
These violations are not related to me in anyway. I am just working as anyone would and have filed for my GC with this company.
My green card is in process and I have EAD and its been over 180 days.
What is my situation in this case?
What are my options?
Am I in trouble?
Thanks.
faranianq
Click to expand...

-
are you still working for your employer or have changed company after EAD
 
If you take that route, you would also need to get an H1B or another work visa from the new company because your EAD would get revoked if your I-485 is revoked. And you probably can't port the old priority date if the original I-140 is revoked for fraud, so it would be like starting fresh with a new PD. I don't know about you, but I personally would just stay with the same employer and hope for the best rather than starting the GC process all over again to wait another 5-8 years.
 
Hello Glaxy99,
I am still working with same company even after receiving the EAD.
But since I know they are not in compliance with immigration.
I am not comfortable staying with them.
thanks.
 
Last edited by a moderator:
Jackolantern, Thanks again for your advise and time.

I think I should ask this question also.

My I-140 is already approved few years back. Can Immigration revoke it if they find any problems with company's filings and other documents etc. which were used to support my and many others I-140.

In that case what will happen to those who already received their Green Card in last 5/6 years. Are they also in trouble? Can their Green Card be canceled?

What is an employee's fault in this case? If an employee is qualified and worked honestly and did everything by the law. And all this is purely company's fault. Why those should suffer who did not do any wrong doing?


Jackolantern said:
If you take that route, you would also need to get an H1B or another work visa from the new company because your EAD would get revoked if your I-485 is revoked. And you probably can't port the old priority date if the original I-140 is revoked for fraud, so it would be like starting fresh with a new PD. I don't know about you, but I personally would just stay with the same employer and hope for the best rather than starting the GC process all over again to wait another 5-8 years.
Click to expand...
 
Last edited by a moderator:
empr in toble

Jackolantern said:
If you take that route, you would also need to get an H1B or another work visa from the new company because your EAD would get revoked if your I-485 is revoked. And you probably can't port the old priority date if the original I-140 is revoked for fraud, so it would be like starting fresh with a new PD. I don't know about you, but I personally would just stay with the same employer and hope for the best rather than starting the GC process all over again to wait another 5-8 years.
Click to expand...

Hi Jack,
I am in same boat , I changed employer this Jan and now I am working on EAD for other company now I am planning to file AC21.

Any comments on my situation.

Thanks
 
faranianq said:
But since I know they are not in compliance with immigration.
I am not comfortable staying with them.
Click to expand...
Leaving them would help to avoid being laid off if they got into financial trouble because of the immigration crackdown, so from that perspective leaving them may help you, but that still doesn't protect you if your I-140 is revoked because of employer fraud.
My I-140 is already approved in 2005. Can Immigration revoke it if they find any problems with company's filings and other documents etc. which were used to support my and many others I-140.
Click to expand...
Yes, they can revoke it if there is fraud related to the I-140, like false information on the I-140 application or falsified supporting documents related to the I-140 or labor certification. But I don't think they can revoke it if the fraud is unrelated to your I-140 (e.g. hiring illegal immigrants or underpaying H1B employees).

In that case what will happen to those who already received their Green Card in last 5/6 years. Are they also in trouble? Can their Green Card be canceled?
Click to expand...
Yes their GC can be canceled, but once the GC is approved they usually don't go that far unless they have evidence that the employee was also participating in the fraud.
What is an employee's fault in this case? If an employee is qualified and worked honestly and did everything by the law. And all this is purely company's fault. Why those should suffer who did not do any wrong doing?
Click to expand...
Because US immigration has some of the most terribly unfair rules of any US government agency and the lawmakers don't care much about the rights of noncitizens.
 
Last edited by a moderator:
Jackolantern said:
Your employer is also being prosecuted for immigration violations?
Click to expand...
Thanks Jack for your time and help full comments.

yes so very soon company appears in court and my I-140 was approved in 2006 and got EAD in 2007 left company in Jan 2009. Do I safe?

Thanks
Glaxy99
 
faranianq said:
Hi,
My current employer is in violations of immigrations and company is appearing in front of court very soon. I just found out that today.
Click to expand...

Is this related to the recent news of H1B visa fraud case in Iowa for following firms: Vision Systems Group, Worldwide Softare services, Sana Systems, Pacific West Corp, Venturi-soft Inc?
 
Jackolantern said:
You are not safe if the I-140 is revoked because of fraud related to it.
Click to expand...


Hi Jackolantern. I am also with Vision Systems and have an approved I-140. I am quite confident that my documents are genuine. Is it safe to file I485 at this moment that my employer is charged with H1B visa fraud? Will my I485 be denied for the reason that my employer has a pending fraud case? Thank you.
 
A friend of mine went through a similar situation couple of years ago. His AOS is still pending.
His employer was charged with fraud and alot of other things but in the end he pleaded to a lesser charge of conspiracy. He did some home detention(couple of months).
 
bashdrew said:
Hi Jackolantern. I am also with Vision Systems and have an approved I-140. I am quite confident that my documents are genuine. Is it safe to file I485 at this moment that my employer is charged with H1B visa fraud? Will my I485 be denied for the reason that my employer has a pending fraud case?
Click to expand...
No. The denial will happen if the fraud is confirmed and the fraud is related to your I-140, not just because the fraud investigation is pending. If you are eligible to file the I-485, hurry up and file it while your priority date is still current.
 
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