urgent : layoff

Z

zyx2002

Registered Users (C)
Hi,

I am having regular fight with my manager and probably will quit or get laid off very soon. My I485 has been filed almost 2 yrs back. I140(concurrent) got approved almost 1 and half year back, priority date is Dec 2001, EB3 India. I have both EAD and H1 extension.

After working almost 9 yrs in USA I am completely burned out and dont feel like searching for job.

I am also doing my MBA from a IVY League school and would be done hopefully by end of May 2006.

My manager an Indian (who has gone through the GC process) has threatened/(blackmail really) me that if I quit or get laid of he will tell the hr to send letter to USCIS to cancel my h1 and revoke my I140.

As I said I feel completely drained and burned out after this horrible GC experience for 9 yrs and want to go back to India for good.

My questions are
1. If I quit or get laid of can I just continue with my MBA without a job till May/June and go back to India?
2. If my company cancels my H1 extension will there be any issue(since I have already filed I485 someone told me I can legally stay in USA until the I485 case is adjudicated)?
3. If my company revokes my I140 and use my labor for substituting for other will I get a NOID immediately?

For every single second in the 9 yrs I have been in US I have been in full legal status and I dont want to take any chances.

But if there is a way out by which I can legally stay and finish my MBA without doing any job for the next 7 months that will be the best option for me.

With this infinite retrogression cycle I am completely fed up.

Gurus please help me with your valuable advice and suggestions. Thanks in advance.
 
You should speak to your university immigration attorney (where you are doing your MBA) they will have options for you, (they will be able to convert your H1 to F1) or find a job within the university ie if you have decided to go back to India.
 
Hi Sep05,

I have talked to the univ about going to F1. But they told me since I have applied for Green Card F1 is almost surely going to get rejected (F1 is only granted if there is no intent to immigrate to US).

Regarding job also I can only do a job which has the same responsibility and functionality as current job(so that I can file AC21). There wont be any similar job in Univ.

Green Card is like a tunnel. There is only one exit get the green card. You cant become a student.
 
zyx2002 said:
Hi,

I am having regular fight with my manager and probably will quit or get laid off very soon. My I485 has been filed almost 2 yrs back. I140(concurrent) got approved almost 1 and half year back, priority date is Dec 2001, EB3 India. I have both EAD and H1 extension.

After working almost 9 yrs in USA I am completely burned out and dont feel like searching for job.

I am also doing my MBA from a IVY League school and would be done hopefully by end of May 2006.

My manager an Indian (who has gone through the GC process) has threatened/(blackmail really) me that if I quit or get laid of he will tell the hr to send letter to USCIS to cancel my h1 and revoke my I140.

As I said I feel completely drained and burned out after this horrible GC experience for 9 yrs and want to go back to India for good.

My questions are
1. If I quit or get laid of can I just continue with my MBA without a job till May/June and go back to India?
>>You should be able to do it legally.
2. If my company cancels my H1 extension will there be any issue(since I have already filed I485 someone told me I can legally stay in USA until the I485 case is adjudicated)?
>>No big deal. yes, as long as 485 is under processing, you are fine.
3. If my company revokes my I140 and use my labor for substituting for other will I get a NOID immediately?
>>Typically you get the NOID. But I dont know if it is immediate or not.

For every single second in the 9 yrs I have been in US I have been in full legal status and I dont want to take any chances.

But if there is a way out by which I can legally stay and finish my MBA without doing any job for the next 7 months that will be the best option for me.

With this infinite retrogression cycle I am completely fed up.
>>Same here :( It is not very clear whether you will retain the priority date or loose it if your employer does what they threaten to do.

Gurus please help me with your valuable advice and suggestions. Thanks in advance.

You are right - F1 is not really an option for you anymore.
It is best if you can find a job compatible with AC21 guidelines until you finish your MBA.
Click to expand...
 
I beleive as long as yoru I-485 is pending you are fine for anything you do.Thats true F1 is of no use if you have adjutment of status filed already!
Problem comes when he/she revoke the GC application.
You may want to try another job on H1B.
alternatively, Try recouncilling with your boss and reach common agreement!!
May of us do that to get GC smoothly.
 
My best suggest would be to find a similar job and apply for AC21,

I was in a similar situation where a Desi manager ofcourse try to screw me,

here is what I did,

First I spoke to company CEO and explained how I have been unfairly treated and I resigend the company and told them if they try to screw me I will goto the court and the press and show how I have been exploited on the basis of GC. They agreed to all my conditions and infact my Manager also got screwed in turn

don't allow anyone to exploit your situation, all you need to do is fight back, I hate to say this, but itz always a Desi Manager who is most likly to exploit the GC situation

good luck
 
it is very simple, look for a friends company to give you a job offer

upon GC approval, you really never need to work, however in your best interest arrange some pay stubs. F1 can screw your Gc. Your case looks like mine, I don't want to work and relaxing a bit after heavily burnt out for last 6 years and want to get into MBA or try my luck to become sabeer bhatia :), but sufficient time not passed after 485 unlike your case
zyx2002 said:
Hi,

I am having regular fight with my manager and probably will quit or get laid off very soon. My I485 has been filed almost 2 yrs back. I140(concurrent) got approved almost 1 and half year back, priority date is Dec 2001, EB3 India. I have both EAD and H1 extension.

After working almost 9 yrs in USA I am completely burned out and dont feel like searching for job.

I am also doing my MBA from a IVY League school and would be done hopefully by end of May 2006.

My manager an Indian (who has gone through the GC process) has threatened/(blackmail really) me that if I quit or get laid of he will tell the hr to send letter to USCIS to cancel my h1 and revoke my I140.

As I said I feel completely drained and burned out after this horrible GC experience for 9 yrs and want to go back to India for good.

My questions are
1. If I quit or get laid of can I just continue with my MBA without a job till May/June and go back to India?
2. If my company cancels my H1 extension will there be any issue(since I have already filed I485 someone told me I can legally stay in USA until the I485 case is adjudicated)?
3. If my company revokes my I140 and use my labor for substituting for other will I get a NOID immediately?

For every single second in the 9 yrs I have been in US I have been in full legal status and I dont want to take any chances.

But if there is a way out by which I can legally stay and finish my MBA without doing any job for the next 7 months that will be the best option for me.

With this infinite retrogression cycle I am completely fed up.

Gurus please help me with your valuable advice and suggestions. Thanks in advance.
Click to expand...
 
that is a known fact, not only bosses, but even colleagues

don't want to offend but it is more common in indians in US as almost 80% come from non metro, small towns with small hearts, jealously.

thoguh i have seen this amongst americans too. in one of my project I was made me a lead to over 7-8 americans and they started playing politics and finally pulled me off causing my layoff, i didn't fight it as I was already relocating due to my spouse in a few months and the layoff came just a month ahead of when I would have resigned

guess it is more of that security loss feeling, if you took a vote in this forum 80% on indians here would have played against a fellow indian :)
BhaiSahab said:
Why are these desi boss are behind desi's .....
They infact should help the fellow Indians.
Click to expand...
 
Last edited by a moderator:
don't worry be happy

First of all don't worry be happy. If you have approved I140 and EAD, show middle finger to your manager. The company or manager CAN'T screw you. Please search in this forum. There were/are many cases similiar to yours where company tried to screw around. But the company couldn't do anything. I140 is company dependent and I485 is individual dependent.
 
If I quit or get laid of can I just continue with my MBA without a job till May/June and go back to India?
Click to expand...

If you want to go back after finishing your MBA, then just apply for an EAD and take a part time job in the univ until you finish studying. Try to delay the I-485 adjudication during the same period. Similar job classification is required only if you want to continue GC. If you say f*ck the GC, then you can do it totally legally.


It's high time we publicized the slavery provision in US immigration laws. The requirement that an employee "intend to permanently work for the sponsor", or otherwise be severly punished by having the GC denied/revoked is nothing short of indentured labor. People only want to immigrate into the US. No one wants to immigrate into a company. Tying the two together is WRONG and unjust. It instills deep fear and anxieties in the immigrants, putting them at the mercy of employers.
 
thanks a lot everybody

Everyone,

Thanks a lot for spending your precious time to help me and provide valuable suggestions and advice.

If my company revokes the h1 I can still stay and complete my MBA using my I485 pending application, right?

emailraja,

You have put exactly what I think. It is this indentured slavery which I am fed up and cant take any longer.

What is the use of a dollars if you have to be slave to idiots for years? Self respect is important in life and if we compromise everything for the sake of green card and be a complete coward what good is that.

For me I will rather live with head held high in India rather than be a slave for years here.

Thanks again my friends. I appreciate your help from the bottom of my heart.
 
To my knowledge, being you are the primary applicant ,

You allways need to work for a company
either it might be the one which sponser your GC
or any other company using AC-21 after 180 days bla bla bla...

One thing is your 485 is on EMPLOYEMENT , so the basis of the application itself tells you that uncle same need you...

However the dependents and family based might be different...then can do what ever they want...

If it is really problematic...dont wait until the problem comes in front of you...search a job and move on...
 
I think you have a strong case for AC-21, I suggest spend about $200-300 and take an appointment with well known attorney like Rajiv or Murthy and seek for proper guidance

and don't let your boss or any one to threaten with your GC in case if they do try to get that in a email or in any written forum
 
Sorry to hear about your case

Dear friend,

Sorry to hear about your case. It is really a pathetic one. All the Desi's are like that (some of them are really good). Its all depend on our luck.

One thing you can do, either file ac21 move to another company or switch the company which has subsitution labor, there by they can apply for another 140 and they will process your GC. That might be the best option.

Mostly, desi manager will try to threaten you, but they wont revoke your 485 or 140. That might create a bad name to the company.

It is very difficult that what you are undergoing. I know the pain. Switch the project that might be the best solution within the company or complain to CEO about the incidents that took place between you and your manager. If you dont hav'nt done any bad things, then you will win defenitly.

Send emails to the top management about your project manager. I know in one situation, the guy complained to higher authority and then the guy is released from the project leader. You can try this methodology, this might work out.

Goodluck with your GC...

Will pray to god that you have to get GC..

Regards,
VJ
 
Dear friend ,

Sorry about yoru case..
if you have your indian manager address ..Send me .. I will do soemthing for him..
 
zyx2002 said:
Hi,

I am having regular fight with my manager and probably will quit or get laid off very soon. My I485 has been filed almost 2 yrs back. I140(concurrent) got approved almost 1 and half year back, priority date is Dec 2001, EB3 India. I have both EAD and H1 extension.

After working almost 9 yrs in USA I am completely burned out and dont feel like searching for job.

I am also doing my MBA from a IVY League school and would be done hopefully by end of May 2006.

My manager an Indian (who has gone through the GC process) has threatened/(blackmail really) me that if I quit or get laid of he will tell the hr to send letter to USCIS to cancel my h1 and revoke my I140.

As I said I feel completely drained and burned out after this horrible GC experience for 9 yrs and want to go back to India for good.

My questions are
1. If I quit or get laid of can I just continue with my MBA without a job till May/June and go back to India?
2. If my company cancels my H1 extension will there be any issue(since I have already filed I485 someone told me I can legally stay in USA until the I485 case is adjudicated)?
3. If my company revokes my I140 and use my labor for substituting for other will I get a NOID immediately?

For every single second in the 9 yrs I have been in US I have been in full legal status and I dont want to take any chances.

But if there is a way out by which I can legally stay and finish my MBA without doing any job for the next 7 months that will be the best option for me.

With this infinite retrogression cycle I am completely fed up.

Gurus please help me with your valuable advice and suggestions. Thanks in advance.
Click to expand...

Just switch from H1 to F1 after you quit/get laid off. Complete the MBA while being on F1 status for 7 months, then go back to India with an Ivy League MBA and get yourself a nice management job in booming India
 
what if I get an offer and dont join?

Dear friends/Dosto,

I am deeply touched by your help and encouragment. Ab sapko mera sukriya.

Nine years in US has drained me completely. When I was in India I tired acting and modelling simultaneously with software. Some of the acquintance/friends are now in TV and having rock and roll time. If I would not have come to this stupid place I would have been in TV by now.
This nine years I became literally slave and wasted my time in software. I tried little bit for TV roles here but if you are Desi making into television here is very difficult. But I have taken large number of acting classes here and hopefully that will help me to get in TV in India once I go back.

Hain main 9 saal se gulaam hoon .......
Yeh aur sah nehi sakta hoon .....
Main azad banna chahate hoon ..........
Dil aur dimak me ab kebol ek hi chahat hai is gulami se mukti mile ........
hara patti ka nesa mera choot gaya ......
ab kuchi dino me mai apni mumbai me laut chalenge aur actor banne ka khawab pura karenge ........

Anyway this is what I plan. Let me know if is good.

I will get a job offer. Then I continue with my MBA. I believe GC is for future employment so as long as I have a offer I think I should be fine and there is no need to work. Is that correct?

Once I finish my MBA I go back to India for good.

My dear friends thanks a lot for your help and suggestions. Ab sabse baat karke dil khush ho gaya.
 
zyx2002 said:
Dear friends/Dosto,

I am deeply touched by your help and encouragment. Ab sapko mera sukriya.

Nine years in US has drained me completely. When I was in India I tired acting and modelling simultaneously with software. Some of the acquintance/friends are now in TV and having rock and roll time. If I would not have come to this stupid place I would have been in TV by now.
This nine years I became literally slave and wasted my time in software. I tried little bit for TV roles here but if you are Desi making into television here is very difficult. But I have taken large number of acting classes here and hopefully that will help me to get in TV in India once I go back.

Hain main 9 saal se gulaam hoon .......
Yeh aur sah nehi sakta hoon .....
Main azad banna chahate hoon ..........
Dil aur dimak me ab kebol ek hi chahat hai is gulami se mukti mile ........
hara patti ka nesa mera choot gaya ......
ab kuchi dino me mai apni mumbai me laut chalenge aur actor banne ka khawab pura karenge ........

Anyway this is what I plan. Let me know if is good.

I will get a job offer. Then I continue with my MBA. I believe GC is for future employment so as long as I have a offer I think I should be fine and there is no need to work. Is that correct?

Once I finish my MBA I go back to India for good.

My dear friends thanks a lot for your help and suggestions. Ab sabse baat karke dil khush ho gaya.
Click to expand...
ZYX2002.....You don't have to worry about anything. Just call any of the consulting companies and they will give you an offer letter and start working on EAD. I would suggest you to get into consulting for a while, until you get your GC approved. You have toiled here for over 9 years, GC will help you in your area of interest like film industry. Even, if you have a need to travel back it wil help you. If you have no options of finding any consulting company.....let me know and I can give you few leads. Don't forfiet your GC...get it approved .......you are almost there. Certainly make steps to teach your moron boss a lesson. Make a formal complaint to HR. Whenver you use the word Hostile work environment, Harrasment, threaten.....HR and upper management are required to do an internal investigation and provide both of you with a report / letter. This way, atleast he will get into trouble and will certainly an black mark in the company's record. Though he may have Gc, but still may not be able to grow within the same company and has to quit. simple............
 
Sorry to learn your situation but don't give up in the Last lap of your Marathon Run

As many friends of the forum suggested , Don't give up. By giving up you are making these Idiots important and make them feel that way as they can control and harass you.

If you can't win in word of wars , Win the other way. You have to force him to use his anger to your advantage. Let him go berserk in email or groups so that you can go to HR and Management that you are not being treated fairly. You have to build a little circle to prove so that if Management want;s some feedback they can get it.

I am sorry I am sounding like a preacher but trust me it works. I had to deal with similar situation but the other guy was so humiliated once he fell into his own trap and had to take another lower position in the Organization.

Good Luck!!!
 
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