Ex-Employer Threatening....

S

street_dog

Registered Users (C)
Hi All

I was an employee of company A -> contracted to company B-> contracted to company C ->contracted to client.

My LB/I140/485 was filled by company A where i was working from jan 99 to mar 03, my R/D is jan 23 2002.
Mid of this year i joined the client as a fulltime employee, and unluckily i got RFE for employer letter on Aug 01, contacted curr employer and my atorney and they made everything ready(AC21) by Aug mid.

But now attorney is saying that they got HOLD request from my ex-employer, and still holding....the reason is company B is yet to pay (2 invoice) to my Ex-employer. so he put a HOLD on my RFE response...

Ex-Employer is threatening me to sign employee agreement(dated 1999) b'cause they lost one they had from me in 99 and other contract (says that i am responsible for all the outstanding balance and legal fees >$20,000) .

Company B is ready to pay the outstanding balance but they want some $$$$$ from me or my company as damage, and the funny thing is client paid company C $$$$$ as placement fee, and company C has issued a letter saying that all parties involved in placement are satisfied..and have no oblications with me...

Ex-Emp is asking me take all the resposibilities(Ex-Emp made more than 150 k from me after all expenses, never paid when i was in bench for 2 months, i never had any bonus or stock or anthing as reward for the past 4 yrs)..

What i am supposed to do now...
I am safe with context to GC..
Change attorney and proceed..
pay the money and beg in street..

help me gurus
 
Don't sign the old dated contract with ur old employer. Nor pay anything to anybody.

Does't Company A have an agreement with Company B as to how dues/invoices are paid? Common they r in business and should know how to get back money from company B.If not they can hire professional collection agency to do this job.

I assume ur ex-employer hired the attorney. Do you have all the copies of the 485 petition filed with VSC? If not take them and change attorney.Hire a new attorney and reply to RFE ASAP.
 
First things first and your first priority is replying for RFE.
1. You said your attorney, but why is he listening to the Ex-Employer words. Are you paying the fee or your ex-employer.
1. First of all make clear who is who and who paid who. I mean the relationship between you, your attorneys.
And who is having all the paper work. I mean to see is there a possibility to 2. change the attorney. If you change the attorney, it is difficult to get the paper work in a time from the old attorney.
3. Save emails and any communication that can prove, how he harrassed you.
 
If your lawyer listening what your employer says... you better hire another one immediately to get this done.
Moreover, save all docs... never leave these kind of f*****... file a law suit against your employer once you get GC. Many people think once they get GC...what the heck.. forget past and enjoy now. So, don't follow others...don't leave him.
 
hire a new attroney

I believe you are totally safe in context of GC as long as you met AC21 requirements.So Hiring a new lawyer will not damage your GC much.So hire a new lawyer and try to respond to query as soon as possible.And call your ex-employer try to get all the paper to sign the contract but dont sign it.Have it for proof.Ask him to pay 2 months bench fee if not inform him that you will report BCIS with all this proof.We need to be touch for this kind crazy bast...

But your 1 priority is to resolve your RFE and respond it soon.
 
Focus on basics. You got an RFE for employment and if your Lawyer does not want to co-operate, then take the RFE and reply by yourself (or hire another lawyer to write that 4 sentence AC21 letter). Ignore the rest of the story. You have nothing to do with the fights between A,B,C and D
 
Do you have RFE letter. If you have it hire another lawyer, will take care of your situation.

If you don't have RFE letter then find a way to get that letter.
 
Originally posted by dsatish
Focus on basics. You got an RFE for employment and if your Lawyer does not want to co-operate, then take the RFE and reply by yourself (or hire another lawyer to write that 4 sentence AC21 letter). Ignore the rest of the story. You have nothing to do with the fights between A,B,C and D
Click to expand...

dsathish,
Do you think the lawyer gives the RFE and other paperwork so easily. That's what my major worry is . . .

First of all try to get the rfe replied by what ever means, but DONOT SIGN ANY KIND OF AGGREMENTS. If possible threaten him that you are going to file a lawsuit against him.
First of all talk to an attorney and describe him the situation and make clear:
1. What are your options without your papers having in time.
If they give papers in time, your case is crystal clear but I doubt it. . .
 
Attorney's respond to each other well.If ur current attorney is not giving u information then ask ur new attorney to send a politely worded letter asking for info. He will respond. This may take some time but will work.
 
Attorney is obligated to hand over your RFE to you since your are his client for I-485 and not your employer or prior employer.
If he refuses then you can use the services of another attoerney. Your new attorney could write a letter to your prior attorney requesting him to handover RFE and other case documents then he will give it to you .
If not then you or your new attorney can threaten him with Ethics Complaint, since if the complaint is lodged and if your old attorney is proved guilty then he'll be banned for 2 /3 years.
 
true ...

attorneys respond to other attorneys quite well and promptly! I believe the attorneys are legally bound to surrendering the work product that was developed on behalf of the client, to the new attorney when requested. At the time of cancellation of retainer the attorney has to do this, is what I have been told.

Usually, the attorneys get paid as they are performing step# x and so I think it should be safe to assume that the work product as it stands today has already been paid for (doesn't matter by whom).

Also, if the old attorney resists, write him a reg. letter informing that you will report his behaviour to AILA (This suggestion was explicitly given by a famous immig. attorney (starts with an 'M', I think) who is the president of the DC chapter.)
 
Attorneys

My experience with single attorney running office is horrible in being responsible and cheating. I would suggest you to hire attorney like Rajeev or Murthy and let them handle this. They know all the tricks of the trade and they are worth the money. Don't go with one man shop.

Beware, if you are dealing with Rafael Vargas in NJ. He is a fraud and had been debarred from NJ ethics committee for 3 years. Just now his disbarrment ended. He costed me lot of pain and anguish and money..
 
Friends..
Thanks for all your valuable responds...just now my ex -emp called me and threatenied again to sign all the documents
1, employment letter (post dated)
2, Responsibility letter for outstanding balance and his legal fees..

he said i got to fax all the documents with in 1/2 hr..or he will calll
he says that, he know how to handle my GC and whom to call....to stop the process..i am more worried....

I said i will pay $2000 as damages to fix the issue..and i requested to put another $2000 to satisfy the other company...

but he said he don't want to spend even a penny...

Note: morthy is my immi attorney, i paid for all the legal fees..

i will keep posted...
 
I don't know why you are so much worried. The law is on your side(unless you are hiding some things). Contact immediately other Attorney. As some one said, if they are members of AILA, I think there is a rule that says that they should hand over the papers to another AILA attorney as soon as requested.
So DON'T PAY ANYTHING TO EX-EMPLOYER. Talk to attorney NOW.
When you said my attorney is morthy, is it Shiela Murthy? The attorneys only care the customers who pays them. Though you are the beneficiary in this case, they will care only them becuase they are the people who are going to give more business than you. No attorney who has brains will support you in this, leaving the actual client. Understanding this, your only option left is talk to another attorney and get it straightned. If you talk to attorney, I think your tone will also change when you talk to your ex-employer . . .
Talk first and then post the next one here . . .
We will be waiting for an update . . .
 
Street_Dog

First thing you need to do is to ask your ex-employer to fax all the details/claims to you.
Tell him straight on the face that you cannot speak to him on the phone.
GET THINGS IN WRITING......
Check your appointment letter from your ex-emp. See if there is any non-compete clause/any other legal stuff which binds you to the client.
FAX your lawyer all details including what hapenned between COmpany A, B and C. FAX the same to your HR and ex.
Tell your EX that you are going to FAX INS and the LABOR dept about the stuff he is doing.
If it still does not get sorted out go ahead and call the cops saying that your ex is threatining you.

Keep in mind the worst that can happen for your case is that your EX can revoke the 140 which will not matter.
The worst which can happen for yr ex employer is much more.

Keep your cool and be on the offensive. NEVER mention things like you are ready to give 2k or 4K.

BEST OF LUCK.

If you want all of us here can write a letter on behalf of you to your ex asking him to shut up.
 
no after 6 months, he cannot revoke your I140. So you are safe.
Read thoroughly, ac21 rules given below:


08/12/2003: BCIS Gives Guidance on AC21 180-Day Rule for EB-485 Filers

AILA has reported a very important memorandum of the BCIS which answers a number of unanswered questions relating to the so-called 180-day rule. We are grateful for the AILA to make this memo available to the interested parties. Some of the rules that are set forth in the memorandum are as follows:
Availability of 180-Day Rule for I-485 Applicants Who Were Not Employee of the I-140 Petitioner: The approved I-140 petition may be ported to a new employer for a same or similar occupational classification. The memo states that it is possible for an alien to qualify for the 180-day portability even if he or she has never been employed by the prior petitioning employer or the subsequent employer under AC 21. However, the evidence must be there that an offer of employment must have been boda fide, and the employer must have had the intent at the time the I-140 petition was approved.
Withdrawal or Revocation of I-140 Petition Before 180 Days: The I-140 petition is no longer valid and cannot be ported to a new employer after 180 days.
Revocation of I-140 Petition After 180 Days for Fraud: The I-140 petition becomes invalid and cannot be ported to a new employer even after 180 days.
Withdrawal or Revocation of I-140 Petition After 180 Days After New Employment of Similar/Same Occupation: The approved I-140 petion will remain valid and I-485 will be completed as filed.
Filing Requirement for Change of Employer: If the I-140 is withdrawn but the beneficiary has failed to file evidence of a new qualifying employment before that time, BCIS must issue Notice of Intent to Deny I-485. If the qualifying new employment is then timely submitted, BCIS may consider the approved I-140 valid for the purpose of continuous adjudication of I-485 even after the Notice to Deny has been issued. It is thus critically important that people either file the change of employer as soon as the employment change takes place or if the Notice to Deny is received, they respond to such Notice "timely" and with "required evidence." If the Notice is not timely reponded, the BCIS will deny the I-485.
 
street_dog:
Since 19 months has passed, your employer cannot revoke I-140. Check with a lawyer and see that you can sue your employer for harassment. Drop a hint about it to your employer (like I am planning on hiring a lawyer to legally handle this contract issue). When you are willing to pay out $2+$2K , etc., shows weakness on your side and employer is trying to take advantage.

Discuss with Murthy regarding AC21 in your case. Once you are convinced about AC21 in your case, search the web on employer harassment. You should get some information.
 
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