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Help Company Harassing
- Thread starter Help911
- Start date
You could leave and start a new job with AC21 rule. Or you could stick it out a few more months and then leave (it would be best if you get them to lay you off at that time rather than quitting on your own). I would use AC21 in case you have already a new and better job line up.
Just one question, are you using your own lawyer or is it a company paid lawyer? If it is a company paid lawyer then you want to be careful what to tell him because his client is really your company and he might inform your comapny about what you told him and that could get you into a nice mess.
Just one question, are you using your own lawyer or is it a company paid lawyer? If it is a company paid lawyer then you want to be careful what to tell him because his client is really your company and he might inform your comapny about what you told him and that could get you into a nice mess.
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Move Now
My opinion is that you should move as soon as you can, cause once your GC is approved, you wud be required to work for him for a few more months. I have seen paople talking that once your card is approved and then you leave your sponsored company , it constitute a FRAUD on your part, and cud creat problems for you at the time of getting the passport.
Get another Job with Simillar JOB ROLE and move it. Even if you resign .. wud not damage.
My opinion is that you should move as soon as you can, cause once your GC is approved, you wud be required to work for him for a few more months. I have seen paople talking that once your card is approved and then you leave your sponsored company , it constitute a FRAUD on your part, and cud creat problems for you at the time of getting the passport.
Get another Job with Simillar JOB ROLE and move it. Even if you resign .. wud not damage.
liftkarade
Registered Users (C)
You should left the company ASAP.....
Help 911...........
You should not wait till you get your green card. At this stage of your case employer can not do anything with your case. I485 belongs to you. Instead of your employer harassing you you tell them son of b**** I will tell department of labor (depending which state you are in) and also Immigration to black list you. Immigration these days are looking to audit many desi Indian body shops so called President of the company mostly Indian decent to put them behind bar or charge them with hefty fine. My desi employer is already under severe audit and investigation by New Jersey department of labor. Do not be afraid you will get your green card and all the benefitsa nd salary if desi employer is harrising you. However, if you waited till you get your green card the same situation can go against you and employer can say he left after receiving his approval therefore he denies to pay you benefits. So my advise is to kick his butt and take this matter to court ASAP...........By the way I am also waiting for decision and no job but some good opportunities on line. But I took the bold step and kick on my desi employers balls not butt. He is in pain and trying to talk to me and resolve the issue and withdraw my petition with Department of labor. But it is too late.........
Help 911...........
You should not wait till you get your green card. At this stage of your case employer can not do anything with your case. I485 belongs to you. Instead of your employer harassing you you tell them son of b**** I will tell department of labor (depending which state you are in) and also Immigration to black list you. Immigration these days are looking to audit many desi Indian body shops so called President of the company mostly Indian decent to put them behind bar or charge them with hefty fine. My desi employer is already under severe audit and investigation by New Jersey department of labor. Do not be afraid you will get your green card and all the benefitsa nd salary if desi employer is harrising you. However, if you waited till you get your green card the same situation can go against you and employer can say he left after receiving his approval therefore he denies to pay you benefits. So my advise is to kick his butt and take this matter to court ASAP...........By the way I am also waiting for decision and no job but some good opportunities on line. But I took the bold step and kick on my desi employers balls not butt. He is in pain and trying to talk to me and resolve the issue and withdraw my petition with Department of labor. But it is too late.........
Same boat
Hi guys,
I recently changed my company (I-485 pending for > 8 months).
I would like to know, how do we let INS know that we are using AC 21 and changed the employer? and more important
Is it necessary to let INS know that we have changed employers unless we get a RFE ?
I used to work for a desi company too, I had a good relationship with my employer, they did not give me too many problems other than no salary on bench. Of course i am much better off now in terms of salary and would like to keep it that way instead of giving them a major chunk of the pie.
In my case, I am a consultant and may have to change employers again based on the length of my current contract before getting approval. I would rather not notify INS each time beause of the hassle involved.
Assuming that it is not necessary to notify INS that we changed employers using AC21, what happens after the GC is approved ?
Can the sponsoring employer force us to work for him ?
How about problems that I may encounter when I apply for citizenship?
Can we use the pay stubs from the current employer as proof of AC21 ?
GC gurus, please post your replies.,
Thanks
Speed king
Hi guys,
I recently changed my company (I-485 pending for > 8 months).
I would like to know, how do we let INS know that we are using AC 21 and changed the employer? and more important
Is it necessary to let INS know that we have changed employers unless we get a RFE ?
I used to work for a desi company too, I had a good relationship with my employer, they did not give me too many problems other than no salary on bench. Of course i am much better off now in terms of salary and would like to keep it that way instead of giving them a major chunk of the pie.
In my case, I am a consultant and may have to change employers again based on the length of my current contract before getting approval. I would rather not notify INS each time beause of the hassle involved.
Assuming that it is not necessary to notify INS that we changed employers using AC21, what happens after the GC is approved ?
Can the sponsoring employer force us to work for him ?
How about problems that I may encounter when I apply for citizenship?
Can we use the pay stubs from the current employer as proof of AC21 ?
GC gurus, please post your replies.,
Thanks
Speed king
brokenarrow
Registered Users (C)
Ok to change employement ....
Hi,
You can use the AC21 act. I did and had my lawyer inform INS. He said it is better to inform INS as per the law. At worst they may issue a RFE (which may be better as we know we are nearing the approval or, er, the denial ...) and schedule an interview. I used my EAD and also applied for 2nd EAD and got the receipts. BTW, my lawyer is from the previous company and neither he nor the company has any problems.
Hi,
You can use the AC21 act. I did and had my lawyer inform INS. He said it is better to inform INS as per the law. At worst they may issue a RFE (which may be better as we know we are nearing the approval or, er, the denial ...) and schedule an interview. I used my EAD and also applied for 2nd EAD and got the receipts. BTW, my lawyer is from the previous company and neither he nor the company has any problems.
Think twice
I read on the web site of Sheela Murthy that some companies are withdrawing I-140 petition even passing 180 days after filing I-485 petition. In those cases, in Texas and Nebraska centers, I-485 was denied. Sheela has appealed those cases as the denial is against spirit of the AC21 act. Unfortunately, AC21 act did not nullify the previous rule of employer’s liberty of withdrawing immigration petition at any stage. Employee has liberty of moving to another company after completion 180 days but the company can withdraw the petition whenever it wanted as I-140 is a property of employer. Lawmakers did not visualize these problems. I may be wrong but that’s what I understood from the discussion. Do not spoil your chances of getting green card under any circumstances. Think of worst scenario and act accordingly.
I read on the web site of Sheela Murthy that some companies are withdrawing I-140 petition even passing 180 days after filing I-485 petition. In those cases, in Texas and Nebraska centers, I-485 was denied. Sheela has appealed those cases as the denial is against spirit of the AC21 act. Unfortunately, AC21 act did not nullify the previous rule of employer’s liberty of withdrawing immigration petition at any stage. Employee has liberty of moving to another company after completion 180 days but the company can withdraw the petition whenever it wanted as I-140 is a property of employer. Lawmakers did not visualize these problems. I may be wrong but that’s what I understood from the discussion. Do not spoil your chances of getting green card under any circumstances. Think of worst scenario and act accordingly.