Employer Threatning to cancel Green Card

S

slimshady

Registered Users (C)
Hi Guys, I need your help. I have been with this company since last 5 years. Two weeks back I got my approval and I got my passport stamped, my wife got a RFE for mediacal which we replied. I have been on bench for last 1month without pay, last week I joined one company as full time employee, but I didn\'t leave the company since I have submitted RFE for my wife\'s case and waiting for her 485 approval. Now somehow my desi company came to know and he is threatning me that he will terminate my employement and ultimately Green Card also. He is just shooting in air or there can be problem for me.
Any help will be appreciated.

Thanx
 
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First of all, when you are on bench, is he paying you?. If he is paying you, then why do you worry? Tell him to get you the projects. If he is not paying you, then he does not have any authority to tell you that he is going to complain to the INS. Even then there is no necessity that you have to stick around since the AC21 rule is out. The regulations themselves say that you can change jobs after 180 days of filing I-485.

But I will recommend you to stick around until your wife gets her approval and then say bye bye. Or to be safe, have him fire you (just do not do the job intentionally). Once he fires you what is he going to do complaining to INS?.
 
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I totally agree with 485-pending. But from his posting I find that employer doesn\'t pay him. So there is not going to be a chance for his employer to fire him, since he doesn\'t pay anything. His employers principle is I don\'t care whether you die of no money, but I will never allow you to live. I think getting a trustworthy lawyer and make sure you prove that your employer is harassing you without paying you and then just leave the company, with all this you have the new rule to back you up.
 
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Thanks guys for all the advice here is the real deal, my project got over on Mar 17,01. From that day to March 31,01 he did not pay me salary. After that he threaten me that if I want to keep my GC alive I will have to go on a unpaid leave for about six weeks in the mean time he will try to find some project for me. In the mean time I got 485 approved on 04/24/01, wife case got RFE for supplemental medical form, I got my passport stamped 4/30/01, I accepted permanent job on 5/7/01. Did not give resignation because I am still waiting for my wifes approval. I hope keeping multiple jobs is not an offence, since the primary employer doesn\'t pay me anything.
Now when he found that I got permanent job he wants to terminate my employment and GC.

If anybody gone thru this menace from your desi emp. please let me know, what shud I do.

Thanks
 
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Slimshady,

Your employer cannot do anything now. Let him go ahead and do whatever he wants. He can try revoking your underlying I140 but since your application is approved, it won\'t help. Say, you get fired.. your wife can still use her EAD and try finding a job. Your wife will still be in status. At that time, you can apply for V/K visa for your wife with you as a permenant resident. She can still stay here in status until approved. Check with a lawyer however about the best possible route. Bottomline, don\'t worry and your employer cannot harm you in anyway.

Best of luck and I pray for a quicker approval.

Bhanu
 
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first of all don\'t complicate the situation, you would have come to this GC level after so many years, so play safely, after you both got GC and when it is safe, you can find jobs easily, so for now, untill your wife gets her GC, just play safely, talk to your boss nicely and explain things, tell him that since you didn\'t get paid, you took that job. If he still wants you to leave the new job, I would advice to consider that and stick to him for a while.

good luck
 
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SlimShady,
I am inclined to go with Net. Depsite all the rhetoric from the other folks, I still believe that the employer can do what he claims - revoke your GC. Let\'s not forget that the GC is always against a future position - the troubles you have undergone to get one don\'t count. Also, you must demonstrate a willingness to continue to work with the employer - your taking up a full time job with another company does not help your case.

So mya dvice is - back off, reconcile with your boss and wait for your wife\'s GC to show up. Then finger him and leave!!!
 
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Your employer cannot do anything to your GC. From your posting he stopped paying you. That is enough reason for you to change employment. If he continued to pay you he can claim you used fraud to get GC and cancel it. But since he stopped paying even before you left his employment he is the reason for termination of employment and not you!. Get a good employment lawyer and reply to him about non-payment of salary. You can be rest assured that he cannot do anything to your GC under the circumstances.
 
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If I were you I would consult a lawyer and take legal action against your employer for not paying you. I think that would put an end to any possibility of your employer being able to revoke your GC.

People treat you the way you allow them to.
 
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SlimShady,

What is the name of the desi company, so others get alerted about that company. You served them for five years, and they made good fortune from you. Now they are creating all these problems. One must teach a lesson to such employers. Oherwise they exploit others also.

Thanks,
 
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Dont worry. The Employer can not do anything at this point.
Just keep away. Dont talk or write anything to him.If he calls your number, Say Call you later and hang up.
Dont listen/talk to anybody in that company.

I guess this Company might be based in Atlanta.
That Guy name may be Kris (Desi short cut of his name)
IF not This Guy,Here is one Guy similar type (Human animal)
This Guy pickup cents on Dead bodies
 
No Title

There are people who can murder these SOB desi employers for pennies. It will be much cheaper than a lawyer\'s fee. Sometimes I give stupid advice without thinking, but on this one I am awake and really gave it a thought.
 
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