Employer threatening to cancel Green Card process

S

srini_king

Registered Users (C)
Hi All,

I have switched companies recently ..
My R.D on I-485 is Aug 2002 and I got my EAD in March 03 and I joined a new company in Aug 03. Now my old company is threatening me that he would cancel my H1 Process.

Let me know, If he can really cancel my H1. AS I was thinking that according to the new rule we can switch Employers after 180 days of pending I-485.

And what would happen If INS asks for some information from my previous company from me for sure he would not forward it to me he would say that "I am terminated" and I think this would effect my GC Process.

Another problem is my I-94 expired in the beginning of this year and I do not have a new H1 as I got my EAD before that and am working on EAD now. Now If my company cancel my 485 application what should I be doing???

Thanks for advance for your suggestions..

- Srini ::(
 
I dont think you have to worry about cancelling H1. You are no longer on H1 since you used EAD and you are eligible for AC21
 
My R.D on I-485 is Aug 2002 and I got my EAD in March 03
--- Did you have your I-140 approved? If yes when or what date it was approved. If your I-140 is approved and I-485 is pending more than 180 days employer cannot revoke your I-140 even if the employer sends a letter to revoke I-140 BCIS is not going to revoke if you are eligible for AC21. I hope you are eligible to use AC21
Read the recent MEMO for 180 days rule and keep printout with you:
http://www.immigration.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf


The above-posted link for Memo is not working you can read below and go to page 3
http://www.visalaw.com/03sep1/newsletter.pdf


I-94 expiry is not problem for you as you are using EAD and no more on H1 status your status is AOS pending you will need AP to re-enter US in future. You can apply AP your self no need of involving any employer.
Employer can revoke H1b visa any time you don’t have to worry about that, as your status is not H1.
Join the new employer with EAD in same/similar job skills.
Your Employer cannot cancel your I-485, it belongs to you not to employer it is your application to adjust status in US. I hope you have the I-485 filling receipt with you.
 
first why is he threatening? what does he want from you. Have you breached any contractual agreement like you cannot join the client etc.

as other forum member suggested you dont have to worry about your status or green card or anything. you are in good shape.

Even then your old employer cannot threaten you for any reason. Thats illegal and your employer will be in severe trouble.

In a formal way send an email to him that you are no longer working for him and you have even invoked ac21 to continue your green card using your new employer. If he still threatens you either by phone or email then have record of all such events and send him a notice that if this is going to continue then you will be reporting all about these to Department of Labor, USCIS. after investigation if the dol determines that your employer has really violated law that he has really threatened you then he will be debarred from any future h1 or green card petitions for next 5 years and impose severe fine. Non payment of salary, threatening, blacklisting etc is a willful violation of Labor Act which your employer has sworn before hiring you. so if you report this to dol they will immediately debare him and put severe civil penalties.

regarding your fear that if later you need any document from you old employer like employment letter or something - it is a violation and discrimination for past employer not providing such letter.

by the way if you dont mind can you explain why did you leave your old employer or why is there such indiffences between you two.
 
my I-140 was approved way before I applied for my I-485.

I applied my I-485 after getting the I-140 approved.

Thanks for the info on AC21 - I will read about that ...


- Srinivas
 
Try to resolve your differences in a peaceful way if possible. He can notice INS to withdraw your I-140. Although no real impact on your case, it can cause unnccessary delay and maybe hundreds of additional lawyer's fee ...
 
Here is the complete information on my Case..

>> First he wants me to stay with the company and infact I was getting more than what I am getting now.
But because I am a new father I am preferring to take permanent job in one place instead of consulting.

>> there is no contract between me and my company till date. Everything is verbal and I work on hourly
basis and so there is no question of paying salary between jobs.

>> Yes - many of my freinds said it was ok to leave and my GC should be just fine.

>> I wanted to go out in a formal way by informing him - But he does not want me to go.. and also He owes me
some money from my last job.

>> Now he says that If I leave he will cancel my GC. (or) he wants us to disengage mutually. which I think
means losing money for GC..

- Srini
 
>> First he wants me to stay with the company and infact I was getting more than what I am getting now.
But because I am a new father I am preferring to take permanent job in one place instead of consulting.

>> there is no contract between me and my company till date. Everything is verbal and I work on hourly
basis and so there is no question of paying salary between jobs.
even if you dont have any offer letter or contract thats fine. your employer has sworn to DOL that they will pay the prevailing wage mentioned on the labor whether your are in project or not.
>> Yes - many of my freinds said it was ok to leave and my GC should be just fine. yes your gc will not be affected in any way

>> I wanted to go out in a formal way by informing him - But he does not want me to go.. and also He owes me some money from my last job.
your employer cannot withhold your wages for any reason without your consent. he has to pay you the wage. if he does not cooperate simply complain to dol - hr & wage dept you will get your money probably with interest and your employer will be fined and debarred from any future labor or h1 or greencard for 1-5 years

>> Now he says that If I leave he will cancel my GC. this is only an emotional blackmail. he cant do anything with your pending greencard petitions. you have already crossed 180 days after filing your i485. (or) he wants us to disengage mutually. which I think means losing money for GC.. would you eloborate this issue. and why should you lose money for gc. infact after you complain to dol you can even pull him to the court and demand compensation for your emotional torture, blackmail, pain etc then you will get extra money and your greencard. expose this kind of employer to the law and public
 
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