My Employer Thretened me to revoke my GC ---Please help

[atlbd]

My situation:

I was working for Company A (underpaid employee) and there is a sister company B under the same management. Company B has applied for my GC (labor+140+485[Concurrent filing on Sep, 2006]) and I got my GC on August 15th 2007. After receiving my GC I've requested my employer several times to allow me to join company B officially.

But my management didn't allow me to join company B. The main reason was, if I join company B they have to pay me the salary which was mentioned on the labor. So, I’ve realized that I'll never get the market standard salary if I stick with this company. So, I’ve started searching a job and got an offer from another Company C. This is similar type of job.

And Company B & A came to know about it and they fired me immediately and threatened me to take action complain USCIS to revoke my GC. So, I'm worried that Company B sponsored me to get my GC but on paper I have not worked for them. Will it be an issue?

If they do complain to USCIS, will I be in trouble? Please help........

 

[mdlbr20020531]

atlbd, very sorry to hear about yourscenario.

Here are a few things that come to mind:
1) Most definitely you should have an offer letter from company C, stating that you are being offered a full time position, with so and so .... job description which includes/supersedes your job descriptions from the Labor/I-140 etc (specifically corresponding job codes) and $xyz amount as annual salary including other full time benefits (which is greater than equal to what is listed on your Labor/I-140).
2) If not already done so, you could start working for company C at the earliest so their HR/Legal can provide appropriate support for you; if at all you do have legal action from company A or B.
3) Hopefully, you have originials/copies of your w2/pay-stubs from company A for the past 2-3 years.
4) May also be good if you could produce any kind of documented evidence that company A & company B are indeed related/sister company?
5) Also, what was provided as the reasons for "firing" in your last communication with the company A (or company B)?
6) Do you have copies of your LC/I-140/I-485 applications? They may contain employement letter from company B (with your name, job description, potential annual salary etc details)
hope things work out in your favor.

 

[Jackolantern]

If they complain to USCIS, they will be in more trouble than you.

They were supposed to pay you the salary and/or hire you into company B, and didn't. And from what you describe, I expect they also have other shady details that they wouldn't want to be exposed in court. For them to have any power over you in court, they would have to be willing to uphold their side of the bargain, which is to hire you into company B at the stated salary. You might even be able to countersue them for back pay, since they were paying you less than that amount.

I presume they fired you before you actually resigned? If yes, that gives them even less of a right to complain.

Also, now it is 4 months post-GC, and presumably much more than 6 months since the I-485 filing.

I wouldn't worry about it. They're bluffing.

 

[simsd]

Jackolantern is right. They are the ones on trouble not you. Move on and leave them in the dust.

If they try to make any waves it could trigger an investigation against them and they could easily find themselves out of business or at least shut down.

Think about it. ON all; of the paperwork that they filed with USCIS and DOL, they attested that they were paying you the market rate and that you were working for company B. You made no false claims - they did.....so who's zoomin' who?

You're in good shape, Just go work for company C and let the first company know that you are reporting them.

 

[TheRealCanadian]

After receiving my GC I've requested my employer several times to allow me to join company B officially.

I agree with everything posted before, and if you can document this fact then you should be in very good shape, since it clearly demonstrates your intent to work for the sponsor.

 

[atlbd]

Thank you all for your valuable time to respond here. I've gained my full confidence with some good points here. Some fear was bothering me for last couple days. Now that fear is gone and I'm ready to fight if there is any issue.

TheRealCanadian: I have an email which I've sent to my ex-accountant to convert my pay stub/insurance/401k to company B and they didn't respond. This is the only prof I have to show my intent to join in company B. Hope it is sufficient.

Jackolantern, simsd: Thank you for your respond. Yes, they fired me before I resign. I'll post it here if they really complain and get any letter.

mdlbr20020531: Thank you for your thoughts.
1. Yes, I do have the offer from Company C
2. N/A
3. Yes, i do
4. I can prove that the management is same
5. When they came to know that I've got an offer, they fired me. It was not in writing.
6. Yes, I do have those.

 

[Jackolantern]

5. When they came to know that I've got an offer, they fired me. It was not in writing.

They may be violating state law. In some states it is mandatory to notify the employee who is being fired in writing, and give the reason(s).

 

[nning]

how do you think?

Is there still 6 months rule for GC holder to work for the company who sponsored your GC? If you left within 6 months after you got GC, will the company revoke it?

They may be violating state law. In some states it is mandatory to notify the employee who is being fired in writing, and give the reason(s).

 

[Jackolantern]

Is there still 6 months rule for GC holder to work for the company who sponsored your GC?

There is no such official rule. It is more of a "rule of thumb". The actual rule is that you are supposed to have the intent to work indefinitely for the sponsor, and if you leave the employer too soon it may create the impression that you did not have that intent. The 6 months is a just an estimate given by attorneys for what is long enough to avoid being considered "too soon".

Why 6 months? I don't know for sure, but I figure it is partially based on the AC21 rule which explicitly allows changing jobs after 6 months (to be exact, 180 days according to the wording of the law) of filing the I-485. If the lawmakers said it is OK to change intent after 6 months of filing the I-485, then it only makes sense that it should be OK to change intent 6 months after getting the GC. But of course, the law and USCIS don't always operate logically, so we won't know for sure exactly how many months is good enough until there is a court case or definite rule to clarify it.

 

[jus_watching]

Thank you all for your valuable time to respond here. I've gained my full confidence with some good points here. Some fear was bothering me for last couple days. Now that fear is gone and I'm ready to fight if there is any issue.

TheRealCanadian: I have an email which I've sent to my ex-accountant to convert my pay stub/insurance/401k to company B and they didn't respond. This is the only prof I have to show my intent to join in company B. Hope it is sufficient.

Jackolantern, simsd: Thank you for your respond. Yes, they fired me before I resign. I'll post it here if they really complain and get any letter.

mdlbr20020531: Thank you for your thoughts.
1. Yes, I do have the offer from Company C
2. N/A
3. Yes, i do
4. I can prove that the management is same
5. When they came to know that I've got an offer, they fired me. It was not in writing.
6. Yes, I do have those.

That's a terrible thing to do. I am considering joining a company on AC21 and this company has a similar setup and am now concerned if that's the same one as you just got rid of. If you dont mind, can you PM me the name of this company so I can tell them where to go if I'm walking into the same trap?