Suing while appling for I-495

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bkms

Registered Users (C)
I am going to sue my employer for not paying me on h1b as i apply for GC thru my USC wife.

Will this legal case affect my GC process.Can the employer revoke my H1-B visa without telling me.,,,?

Plzzz help any suggestions are welcome
 
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File the suit it after you have applied for I-485 and EAD via your wife's sponsorship. Yes, they can cancel your H1B at any time. They can get in trouble if the court finds that they did it in retaliation to your lawsuit, but they can still do it. Once you've filed a marriage-based I-485 , you no longer depend on your employer to maintain your legal status.
 
They can cancel it without telling you (although you may be able to find out if it was canceled by checking the status online ... although USCIS isn't reliable at updating the status). But they almost surely won't cancel it and then allow you to continue working for them. If they cancel it, they'll fire you.
 
well if they are going to cancel my H1B they will have to fire me first rite so i would know
they will have my h1b canceled soon.they cant cancel my h1b before they fire me rite...?

I really want to maintain my h1B status,even thou am goin to apply for AOS thru my wife which will keep me in status even if they cancel my h1.

but the problem is they don't pay me and am (out of status now).i cant transfer h1B cos I don have pay stubs. neither can i go back to F1 cos USCIS needs paystubs to see if am in status.my lawyer says suing them will give an intention for u to be in status but the employer screwed you by not paying u. is this rite....?
 
What difference does it make what the employer does? You're going to file AOS via your wife's sponsorship anyway. So go ahead and do it, and apply for EAD so you can get another job.
 
i want to maintain my h1b status cos if worst case my AOS is denied i will have some status fall back into.....
 
No i am just paranoid after reading some ppls experiences...who were denied even thou they have a legit marriage and were put in deporting proceedings.Many ppl also recommend to maintain H1B status.
 
It is good if you can maintain H1B status, but that is not realistic with a rogue employer like yours. Hurry up and file the I-485. If your marriage is genuine and you prepare properly for the interview, you will get approved either at the interview, or you'll win the appeal.
 
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