Once again, I need to fight with this greedy bitch in my consultant . The scenario is that my I-485 had been pending for more than 6 monthes and I have to switch to full time employee of my current client, otherwise I will lose the job. What happened is that I talked to my lawyer(another son of bitch)about the possible job change, and he notified my current consultant company for his interest. Then the consultant company hold my payroll immediately.The actual switch may happen sometime in October, one month from now. So this bitch could hold up 2 month of my pay, which is not a small number given the current bad economy condition!! What can I do???? The attorney just care for money and won\'t help me and I may still need their help in case of a RFE. Damn stupid US immigration and law system!!! It only feeds those greedy consultant company and mean attorneyes. So What can I do??? Simply give up and let those son of bitch take my money or fight???
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How could I fight the ugly employer???
- Thread starter Krish2001
- Start date
Why don\'t you sue them?
You may also mention your difficulties to the client and see if you can start right away. If you were working on an H-1B, you should probably report them to the DOL and INS as a going away present. DOL *loves* to investigate people who abuse H-1Bs, it helps them justify the asinine restrictions they place on LCs and LCAs.
You may also mention your difficulties to the client and see if you can start right away. If you were working on an H-1B, you should probably report them to the DOL and INS as a going away present. DOL *loves* to investigate people who abuse H-1Bs, it helps them justify the asinine restrictions they place on LCs and LCAs.
No Title
The reason is that I am still waiting for approval of my I-485 and it may need some help(employment letter etc) from the previous employer.
If I sue them right now, they may do something bad to my GC application. That\'s something I don\'t want to risk. But I still feel very bad to let those bastard win and earn easy money. They should be punished.
The reason is that I am still waiting for approval of my I-485 and it may need some help(employment letter etc) from the previous employer.
If I sue them right now, they may do something bad to my GC application. That\'s something I don\'t want to risk. But I still feel very bad to let those bastard win and earn easy money. They should be punished.
No Title
Krishna_2001, I am also in the same boat.
My RD and ND Feb 2001.
My concerns are:
1. Please clarify, if we join the new employer (current client) before 485 approval and if at all we receive RFE for employer letter, we can very well get the employer letter from the new employer (hope I am wright).
2. If we join the new employer before approval, by any change do we need to get any kind help from old employer with respect to 485 approval. eg: any kind of RFE, for which we need to get help from old employer?
3. If we join the new employer after approval, is there any minimum time period we supposed to work for the old employer?
Thanks in advance.
Krishna_2001, I am also in the same boat.
My RD and ND Feb 2001.
My concerns are:
1. Please clarify, if we join the new employer (current client) before 485 approval and if at all we receive RFE for employer letter, we can very well get the employer letter from the new employer (hope I am wright).
2. If we join the new employer before approval, by any change do we need to get any kind help from old employer with respect to 485 approval. eg: any kind of RFE, for which we need to get help from old employer?
3. If we join the new employer after approval, is there any minimum time period we supposed to work for the old employer?
Thanks in advance.
This might help...
This is based on my experience with consulting firms and lawyers:
First calm down and try to be rational. The first question is that have you signed any paper with the company that disallow you from joing a client? Most consulting firms ask for this agreement. If so you cannot join the client. One thing for sure is that THEY CANNOT HOLD YOUR PAY. THEY HAVE TO PAY YOU AND IT HAS TO BE DONE AT MOST TWO WEEKS AFTER THE SERVICE (in this case your work) IS PROVIDED. So do not be scared and ask them for your pay. If 1) you have not signed an agreement with them that states you cannot join a client, 2) you are accepting a job that is similiar to what your I140 is approved for, 3) it has been more that 180 days after your I485 was recieved by INS, you can accept the new job. Of course, you need to inform INS. Your pay for the two month period that you have worked for the consulting firm does not have anything to do with your status and they cannot hold that money. In fact, if no agreement is signed, this is a good base for sueing them. I also suggest that you consult with another lawery to make sure that the details of your case are covered. I hope this helps.
This is based on my experience with consulting firms and lawyers:
First calm down and try to be rational. The first question is that have you signed any paper with the company that disallow you from joing a client? Most consulting firms ask for this agreement. If so you cannot join the client. One thing for sure is that THEY CANNOT HOLD YOUR PAY. THEY HAVE TO PAY YOU AND IT HAS TO BE DONE AT MOST TWO WEEKS AFTER THE SERVICE (in this case your work) IS PROVIDED. So do not be scared and ask them for your pay. If 1) you have not signed an agreement with them that states you cannot join a client, 2) you are accepting a job that is similiar to what your I140 is approved for, 3) it has been more that 180 days after your I485 was recieved by INS, you can accept the new job. Of course, you need to inform INS. Your pay for the two month period that you have worked for the consulting firm does not have anything to do with your status and they cannot hold that money. In fact, if no agreement is signed, this is a good base for sueing them. I also suggest that you consult with another lawery to make sure that the details of your case are covered. I hope this helps.
It\'s been 180 days
If it\'s been 180 days, if you want to, leave the first employer and get the new employer to provide a letter to the INS stating your duties and salary. Mail a copy of it to the INS, and keep the original for yourself. You\'re free and clear.
Can the original firm withdraw the original I-140 petition? Interesting question. As I\'m not a lawyer, I don\'t really know.
Now, other posters have indicated that you may have contractual issues preventing you from joining a client if you\'ve worked for a consulting company. That won\'t necessarily prevent you from joining them, but could open you up to a lawsuit. Your best bet is to ensure that the client is willing to back you up 100%, and get that in writing before you start.
If it\'s been 180 days, if you want to, leave the first employer and get the new employer to provide a letter to the INS stating your duties and salary. Mail a copy of it to the INS, and keep the original for yourself. You\'re free and clear.
Can the original firm withdraw the original I-140 petition? Interesting question. As I\'m not a lawyer, I don\'t really know.
Now, other posters have indicated that you may have contractual issues preventing you from joining a client if you\'ve worked for a consulting company. That won\'t necessarily prevent you from joining them, but could open you up to a lawsuit. Your best bet is to ensure that the client is willing to back you up 100%, and get that in writing before you start.