Should I take my company\'s threat seriously??

M

MaheshSood

Registered Users (C)
I recently joined a company A.
After joining company A, I asked them for an employment letter so that
my wife can use it during her green card interview at the mumbai consulate.

My wife finished her interview and got her packet.
I have to now go to india for a week and bring her to US.
But my company A refuses to grant me leave.
They have threatened that they would take back the employment letter, if
I went ahead with my plans despite their warnings.
I dont know what to do.

Will they be able to do anything? My wife already has finished her interview
and got the packet from the consulate. But she has not yet entered US.
If the company revokes my emp letter, will it cause any problems at the port
of entry for her? Or will it cause any problems with her receiving the green card?

If I have another company B\'s job offer letter will it solve that problem?
Please reply, Guys,
Mahesh
 
No Title

What is your status? Do you need to go to an interview?

Anyhow, if your wife is primary applicant, you need to go to an interview too. As secondary, you do not need an employment letter, I134 is enough. You may as well be 100% dependant on your wife and still get PR status.

If you don\'t need to go for an interview, then please explain why you need to leave for india.
 
Thanks Abu!

I already have a GC. I got it 2 months back. But I need to go to India for a week to visit my parents and bring my wife here on my way back.
My wife is not a primary applicant. I was the primary applicant. She is my dependent. The company is afraid that I will leave them and has threatened me with serious consequences if I take leave against their will. But I have to go. So I cant help it.
I will be going against their will. If they lay me off, then I have another offer letter from a company which I can join.
Now tell me can they do anything to my or my wife\'s GC visa or our stay in US thereafter????
Please help.
-Thanks
Mahesh
 
No Title

The only thing they can do is complain to INS. Their employment letter is unrevokable at this stage. Your wife will have no problems at POE.

Now, if they have merits to their complaint or not, depend entirely on whether they can show you wanted to leave them before you got back from the interview.
Even if you get on top after a possible (you never know) INS investigation, that is something that is best avoided because of the hassles and possible risks involved.

If you have to leave because of a family emergency, such as serious illness, at least in California they have to let you leave for up to 12 weeks (with no pay) and they cannot fire you.
 
No Title

My advice is not to screw up any thing, just wait for your wife\'s interview is over and she comes over here, then tell them good bye.

Any company would be pissed, you went 2 months back for your interview, now you want to go for your wife\'s too, didn\'t you see your parents during that time, what BS you are weaving?

If you leave them and if they complain to INS you are practically screwed just chill and wait for atleast 6 months gets over before you can jump.
 
No Title

If you really just want to bring your wife back AND you are happy with the company, why don\'t you just sign a gentlemen\'s agreement that you will not leave them for x months? I don\'t think such an agreement is unforceable any way.

It seems to me that this way all the parties (you, your wife, your parents and the company) gets what they want. In your current situation everybody is losing.

Of course there may be other details you have not mentionned ...
 
Did you get your GC thru current employer.

Did u switch job after getting greencard to current employer and sent ur current employment letter for ur spouse interview?? From what I spoke to an attorney all u have to show is that u wont let ur spouse become an public charge. As far as u meet that requirement, i think, u r safe.

Its always good to speak to a lawyer, because of different circumstances of each case.
 
reply

if the objective is only to bring back your wife -to accompany her on the return trip then u can be back in 72-80 hours which no company will mind

But i guess that that is not the only intention
The intention is to go to India and return after 1 or 2 weeks or maybe more.

This is not correct and amounts to not being faithfull to your job

I would never do this

If you seriously need to only accompany your wife for 70-80 hours then i am sure you can do this on a week end and your company will not say anything

Be serious
 
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