Screwed by ex-employer and coworkers sending fake letters

D

dc1954

Registered Users (C)
My story is that I came here on H1 thru an Indian employer in Dec 1998. The employer could not find any job for me after 7 months months - really they lost the business. My H1 was revoked by employer in July 99. I was out of status for some time(less that 180 days) and found another H1 sponsor, who started my green card. In the mean time, my original H1 sponsor accused me of fraud and wrote letters to INS saying that I entered with fraud certificates in the country etc. Now, to make long story short INS is still investigating and I submitted all papers to defend myself. I am still fighting it out.

My question is that will INS become biased against me just because such letters have been written against me by an ex-employers or ex-coworkers sending letters with fake names screwing me up. I am at the last stage,
Labor/I-140 approved and I485 pending for a long time and I get letters from
INS as RFE's to prove that such claims are false. I see no end to this as now
PD dates have gone back.

Any one on this forum has seen this kind of case - can INS deny based on
letters from ex-employers/enemies. My priority date is March 2001. Please advise.
 
You need to make 3 very clear point to the USCIS, ASSUMING you did not commit fraud.

1) It the company is sending letters with fake names, you need to make that clear to the USCIS and encourage them to contact these so called fake names. When the USCIS understands that they are fake names by not being able to get in touch with them, they will realize something fishy is going on.

2) If you entered with fraud certificates, that is a felony crime, meaning that charges must have been filed against you if people knew about it. If no charges were filed, then obviously you did not commit fraud, and then you obviously can claim that the company is just fabricating this story.

3) What you need to emphasize is that this issue is a personal issue and bad blood between your company and yourself, and that your company is trying to retaliate against you on a personal level by trying to get your GC case denied. Make it clear that this is all a fabrication and just a personal feud that has move into a retailation stage.

Also, I would recommend hiring a lawyer to perhaps help you sue the people doing this as a defanamtion of character and harrassment case. If you are innocent, you will win both this case and get your USCOS application vindicated.
 
More input

Well, I can not possibly bring defamation case as all these letters are with fake names/addresses. So case against whom? What is the proof. To make matter worst ex-company issued me a good conduct/experience letter along with sending a letter to INS complaining against me about my credentials. I sent that good conduct letter to INS supporting my case to counter any allegations by the comany against me. But there are host of letters written/ sent by whoevers with INS? You seem to be a knowledgebale person in this - you think INS can throw me out without due course. This is the worst case one can imagine. I have been on EAD for a long time and was out of status only once for 4 months before April 2001 when my greencard was filed so I can pay $1000 penalty and take care of that.
 
No the USCIS will not throw you out, especially if you received a good ref. letter from company. I recommend hiring an immigration lawyer. It may cost you some $$$ but they can help you clear this up, especially if there are stuff like fake letters. You can probably do it by yourself but it will be time consuming and frustrating due to not knowing what to do. At least, spend $200 on a 1 hour consultation with an immigration lawyer and see what he says.
 
Screwed by ex-employer

The ex-employer gave me a good reference letter to get me off their back but at the same time wrote a nasty letter to INS alleging fraud. I am in deep ****, i guess that letter is void after that as there is counter letter from the same company nullling it - even though I sent that to INS. It is a case of playing with the life of immigrant workers by companies and others.
 
Again, if you are passionate about remaining in the US, hire a lawyer to help you. It will cost you a few $$$ but it may be well worth it, assuming you are innocent and want to remain in the US. The employer you are talking about must be a person with a name. I bet you that you can take action against him with a lawyer. I would not be surprised if one lawyer phone call to this guy with a threat about a lawsuit will make him stop. I was in a situation 5 years ago with an employer wanting to terminate my temporary contract and not pay the salary they owed me. I hired a lawyer who called the employer with a lawsuit threat, and immediately received my salary and worked for the duration of the contract. Granted, the lawyer cost me 40% of the salary, but at least I received 60%. Without the lawyer I would have received nothing.
 
Now, th ex-employer has cooled off. He gave me a good ref letter after writing to INS also and disappeared and will not do a harm as I threatned him. This was the agreement I had with him that I will be off his back if he issues me a good ref letter after all the harm he did to me, that was the final letter from him saying that I was valuable to the comapny blah, blah and I mailed to INS that letter

My question is that what does that do to my case now. I spent 3 years fighting it off and now at this point INS has contradicting letters about me from all over(mostly enemies not employer now). Will they deny me 485 and void all letters and look at my employment record and give me due course. Is there a way I can get all such letters (or my entire file) that may be in INS file as FOIA so that I can be proactive. Thanks man.
 
I don't think your USCIS file is public record or for you to see. Again, I would hire a lawyer.
 
dc1954 said:
My story is that I came here on H1 thru an Indian employer in Dec 1998. The employer could not find any job for me after 7 months months - really they lost the business. My H1 was revoked by employer in July 99. I was out of status for some time(less that 180 days) and found another H1 sponsor, who started my green card. In the mean time, my original H1 sponsor accused me of fraud and wrote letters to INS saying that I entered with fraud certificates in the country etc. Now, to make long story short INS is still investigating and I submitted all papers to defend myself. I am still fighting it out.

My question is that will INS become biased against me just because such letters have been written against me by an ex-employers or ex-coworkers sending letters with fake names screwing me up. I am at the last stage,
Labor/I-140 approved and I485 pending for a long time and I get letters from
INS as RFE's to prove that such claims are false. I see no end to this as now
PD dates have gone back.

Any one on this forum has seen this kind of case - can INS deny based on
letters from ex-employers/enemies. My priority date is March 2001. Please advise.
Click to expand...

Main question is Did you really do any fraud?

If you certificates are real Do not need to worry. your dates shows that you are covered under 245(I).
 
Well, I did not and I am responding to all RFE's I get so far INS has not denied 485 - if anything was done that was by ex-employer to get H1 workers here . I have been in this cycle of green card since March 2001 and
now PD going back I am concerned that by the time it becomes current INS may ask me to redo Labor/I140 etc as it may be another 3 years before they get back to my PD based on whnt I am reading on web boards.

I had so far 3 RFE's and trail continues.
 
tammy2 said:
Main question is Did you really do any fraud?

If you certificates are real Do not need to worry. your dates shows that you are covered under 245(I).
Click to expand...

Sorry for talking off the topic but have question for tammy2. What's the difference between 245(I) and 245(K)? what happens to the poeple who came to US after Y2K and stayed out-of-status for less than 180 days? when you talked about 245(I), this question came into mind.
 
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