Threatening employer- Law suite- cancel I-140 & H1- URGENT

A

approved_lab

New Member
Hi All
My I-140 got approval 2 months back. Now my employer is demanding more money from me through my vendor. If I could not able give him more billing then he wants to revoke the I-140 and use the approved labor for some one else (labor substitution) who can pay them more money.
My vendor is not willing to pay what my company is demanding (coz, there is no change in my project).
My company is not talking to vendor, but they are threatening me to talk to vendor and get high billing rate. In order to revoke my approved I-140, they are telling me that they will revoke my H1 also. I will be entering in to my 6th year of H1. Now they are telling me that if I can able to get rate hike, then they will keep me with them and apply for I-485 after 5 months, otherwise cancel H1 & revoke my I-140.
I want file a law suite against this company as they are not paying me properly, charged for H1 expenses, charged for attorney expense for GC. I do have a contract with them, so I must file a case in IL only. I need an attorney who can file the law suite against them in IL and who know immigration issue. I have been trying since one month, but could not able to get any one. Please some one help me. THIS IS SO URGENT, COZ, AT ANY TIME THEY CAN CANCEL MY I-140 & H1.
Please mail me at approved_lab_prob,,,,yahoo
:(
 
I140 revoke

Hi Approved_lab,

This is only my opinion...

If they are too greedy, you cant help. My opinion is dont measure GC with money. You can make a lot after the GC. Sueing employer is not a good option.
As ultimately employee will be the loser in terms of time, GC and tension of getting employed by other and a project.

What you may get by sueing.. is revenge which dont get you GC. Employer has full rights on both of your I140 and H1 till ur 485 is pending for more than 6 months legally.... no lawyer has a say in this.

How much money you think the hike would give them? calculate it.
Let us say $5 per hr more... after tax. comes to 40$X20=800 per month.


Cut a deal.... think cool.... this employer face other heated arguments with them will not be there in ur mind for ever... but gc is...

You donot realise how lucky u r to get 140 cleared, and you have a employer who is ready to file 485 and wants a deal in terms of money not the USCIS with legal obstacles .... you might been waiting for this for long too....

If I were you I will act like a saint... and make full out this opportunity.
I am on 11year of H1 extension.... still waiting for my GC.

All the best dont loose your opportunity of life time.




All the best. :cool:
 
There is NO unemployment benefits for H1b holder.

I would answer to your problem differently. Put a limit of everything that are worth a GC and stick to it. The main reason why hiring someone without a GC is cheaper than hiring someone WITH a GC for a company is because mostly everyone agree to be underpaid waiting to get the magical card. It IS in some case totally understandable but there are employers that are abusing the system. One thing you have to remember is that the DOL and USCIS are here to fight those abuse too and in some case will side with you and protect you.
Basically, all i can advise you is to see if it is all worth it. Don't let yourself being humiliated and remember that everyday (because it happened to me until i snapped and sued the son of a bitch). 5 extra dollars an hour is not the right price for dignity.
 

You are not 'taking less'. The minimum you can get is what DOL determined when you get your labor approved for your H1b. Even if this minimum is lower that what you probably can get if you get a GC, this isn't considered an abuse.. maybe 'a convenient win-win situation' at most. Anything else should be considered as an abuse. Threatening to cancel your H1b shouldn't be accepted and must be reported if only to avoid other employers to do the same As a community, we can somehow decide on how much compromise we can make as a whole. The choice is hard to make (and I know that better than anyone else) but there is a moment when the compromise isn't worth a green card. This is when the abuse starts. Once the employer starts there is no end to this.

Now don't get me wrong, there are worse countries than mine (France) to be deported to if something goes wrong and my choice to sue my ex employer is probably easier than in some other cases. Everyone's situation is unique but I would love to think that there is a limit to what anyone can take from an employer and this limit shouldn't depend on particular situation. It should be established by regulations.


Now for unemployment, I am gonna have to make some research, if i recall well I was told H1b are not eligible because once they get laid off they are officially out of status (unofficially, if the employer doesn t report yu, yu don t care about it.) Sorry if i made a mistake.
 
Last edited by a moderator:
need to sue against the employer

Thanks a lot to all of you for your reply and time.
I have taken care of H1 transfer and there is no much problem for transfer of the project to new company.
Here I spent a lot of money and time and suffred a lot (mentally, physically and financially). This current company is not paying for me properly. So I can report to DOL.
Now I wanted to get compensation for what I suffered.
You can't beleive how much they played with me. It is not just $5, they are asking $15 per hour rate hike, apart from what they are getting now.
If I just report to DOL what happens?
I would like to make a law suite for a fixed amount say $100k or $200k.
Please try to advise me an attorney or group which can help me.

Thanks in advance
Approved
 
approved_lab said:
Thanks a lot to all of you for your reply and time.
I have taken care of H1 transfer and there is no much problem for transfer of the project to new company.
Here I spent a lot of money and time and suffred a lot (mentally, physically and financially). This current company is not paying for me properly. So I can report to DOL.
Now I wanted to get compensation for what I suffered.
You can't beleive how much they played with me. It is not just $5, they are asking $15 per hour rate hike, apart from what they are getting now.
If I just report to DOL what happens?
I would like to make a law suite for a fixed amount say $100k or $200k.
Please try to advise me an attorney or group which can help me.

Thanks in advance
Approved
Click to expand...

First thing to do, use the copy machine ! Make copy of EVERYTHING, go to kinkos don't use the company copier if you can avoid it. Open a Gmail account, transfer every email to this online account. Be sure that you are not making a case against yourself by taking informations that are not yours. Just keep things that are related to your case. Copy Copy Copy ! Then when you are done cut off all communication. Your attorney should deal with your ex employer. No discussion... period. If your employer is like mine, he'll call and leave messages. This is when they usually make mistake.. Keep everything.

In my specific case, I called DOL for information first then called my state department of labor for additional details. You need to familiarize yourself with laws in this area so that when you find the right attorney, you can direct his work and not let him direct yourself.

For compensation, you need to be realistic at first. Emotional trauma is not something that you can easily demonstrate, but the extra money yu had to spend to correct the problem is. Just ask for the reimbursement of what you had to spend first. If employer doesn t go for it, you ll ask for more later.

Whatever complex your case is, u should realize that it will take some time. I started things up on August last year, we had mediation session on july, and pre-trial jury schedule at the end of November with hopefully a full trial by December. If your employer is anything like mine, you will be back stabbed at every corner. Mine called immigration and revoked immediately a H1b visa that by then thanks god i transferred to another company. Be prepared for some dirty stuff and find yourself another job to get your H1b transferred. It will be harder if yu have to fight from your own country. There might even be a counter lawsuit. Frivolous or not, this will take a toll on your ability to be under pressure... and it s basically designed to scare you most of the time or to at the best make you doubt about your own lawsuit. Again, keep your head cold but be prepared for some nasty stuff.


Decide if you want to get DOL involved or not. It might mean 2 lawsuits against your employer and DOL has much more means and money to get what they want than you do. That isn t a problem for a larger company but for a small company with limited income, it is something you need to consider. If the company is fined, and out of money, there s not much yu can ask for you... In my case, they decided to step aside but they will look at the income of the trial. (My case involve DOL and the IRS... much more complicated than with DOL alone).

Finally, as you may know already, you need money to pay your attorney. For this kind of case, it's very rare that the attorney will take a percentage of the eventual money yu ll get from your employer. He might even ask for a retainer fee.
Again, with my lawsuit, i am already 4000 dollars down. And as always, there is no guarantee you ll win, and if you win, no guarantee yu ll get anything back. Listen to your attorney but make the choice yourself.
 
Last edited by a moderator:
You must log in or register to reply here.
Top