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liftkarade

Registered Users (C)
Before I consult a lawyer, I want to use your advise on this matter. My sponsor employer is loosing money and laying me off. he made several false promises and once again backing off. I am with the company since 5 years and my AOS has been filed since past 16 months from NJ. Now I have no paystub in case I get an RFE. I paid him 20,000 out of 90,000 of my salary cash so he has proof in shape of paystubs. I was stuck with no option. He also give me less hours and made me write a letter saying I have to work less than 40 hours due to personal issues till Feb 03. Now he lied again and laied me off. What should I do, I really want to teach him lesson. He is an uneducated desi but just happen to be US citizen. Please help me.
 
Remember that in any fight (or War) both parties are loosing - even the winning party. If you take action then it could fire back. The deal with the salary (90K officially, but 70k inofficially) is clear fraud - and you were part in this fraud.

Here is my recommendation. Forget about this issue. I know that it is difficult to forget it and I know that you are angry, but don't risk that you get even deeper into trouble. Look for a new job and claim AC21. Spend all your energy on finding a new job, not on how to get even with your former employer.
 
Take Helge's advice

Your employer might be uneducated but he is certainly more cunning than you. You gave him 20k without him signing anything.
He got a letter from you stating that you cannot work the full 40 hours - he can use this letter to justify the lesser salary and also as a reason for termination.
If you have already spent 16 months on AOS you can just look for another job using AC21.
After you get your GC there will be lot's of time to "teach him lesson" - Good Luck with your Job search.
 
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Dude look for a new job

This bastard is not uneducated. Rather is more imtelligent and probably read everything. You are basically screwed. Bottom line get the hell out of there as soon as possible and look for a new job. When you signed it were you not thinking of how to show that on a W2 atleast. May be not all is lost. If you are lucky you might get approved without an RFE. Important thing is to get/keep a job. So do that first.

May be you cannot do anything to this guy now or even later.

My opinion for what its worth
 
I agree with the board, don't fight because you have already lost, the moment you gave him 20K (for whatever reason) you became part the fraud.


Remember this
- you are by yourself and he has a company
- You pay the lawyer with post tax dollars
- He can deduct the lawyers expence pre tax.
- Good lawyers charge > 200/hr and they will put in a lot of hours


Over everything else you do not have a legal case, a promise made to keep you does not mean that he cannot lay you off.

Was that 20K was for defering salary so that you get paystubs for INS RFE?
Just deny even if the answer is yes.

Think of the money lost as an investment for future.
 
Fight

First priority is to find a job. Once that is behind you fight the bastard. Hire an attorney. Not all of them are expensive.
 
If you have proof of 20K

If you have proof of 20K (cancelled checks, etc)
then you can take that to IRS (notice R, TAX people)

And report to them that you have him money, that he should have reported on his Income and should have paid taxes on it.

I do not know the details.

But in fraud cases the easiest way to get someone in trouble is with taxes. Even John Gotti and Leona Hemsley they nailed on tax violations.

But that is all after GC.
Because he can get you in more trouble than you can get him.
 
Be careful, even after GC - if the dispute comes to INS (or DHS) attention, they can confiscate your GC and reopen your petition, etc!!!
Dealing with IRS, etc can be exhausting and take many months/years.

Take helge's advice! Forget about the money and concentrate on finding a new job. God willing, your GC will be approved soon!
 
$20,000 victim.

I can not thank you enough to all for giving me great advises so let me thanks all together. This employer based in Piscataway, NJ now moved to some undisclosed location using POBox # only took full advantage of me. After filing my AOS application 16 months ago he started to playing around with other h-1b consultants. This desi employer started giving me hard time 10 months ago by saying I have to contribute in order to keep my AOS alive. So he come up with an idea that he will continue my salary as it it 90K but I have to pay him 2000/month till I get my green card or RFE. I was afraid where I will find the employer with similar job description so I unwillingly agreed. Now my pay stubs since past 10 months says I earned full salary but truth is far from reality. He comitted so many frauds and also audited by DOL, NJ once and end up paying fine to DOL and wages to 3 ex-employees who filed complaint. This company name aslo published on The Start Ledger (I have the documents). I also paid taxes on 90k but pay him cash 2000/month since past 10 months. Reason for me writing the letter becasue he says he can cancel my AOS or H-1b if I do not sign. The letter indicates that I will be taking periodically off so can not put full number of hours due to family matters. My question is DOL how seriously take these issues? I devoted my 150% for this company and basically started from scratch 5 years ago now it looks all my efforts are useless. He ran away and close it's shop and do not even help me till I get my INS decision. As I said it's been 16 months since I filed my AOS at Vermont. What should I do if I do not find job? In my filed, my title and salary req's? God forbid if I get RFE. Guys please need your advise.
 
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