Worried About Effect of DOL Investigation of Employer on I-140 / I-485

Printable View

10-03-2012, 08:59 AM
srinidhi

Worried About Effect of DOL Investigation of Employer on I-140 / I-485

Admins ,Please remove this post If you see this question is irrelevant here .Since this is the most active thread ,I am posting it here .

I am working for a small consulting company .I work on my EAD with approved i140 and my current employer
is the one who sponsered my GC .I am happy with my current employment and don't have any plan to move out
of my current employment until I get my GC .However I got a mail from DOL last month saying that they are investigating
my employer and asked about my feedback about my employer .

Here are the questions I have in mind right now .

1. Is it now safe to quit my employer and join somewhere using AC21 since I have already crossed my 180 day mark ?
2. I am not sure what hapens to my i-485 Incase DOL finds some issue with my employer.is it anyway put me in better place
if I quit my current employer ?
3.Is it possible for me to find another employment and invoke AC21 after(In case) I get any NOID from USICIS

P.S : I don't have any H1b to backup In case If My i-485 got denied by USCIS
10-03-2012, 09:54 AM
manzoorraza

Srinidhi,
To the best of my knowledge, switching should be straightforward but the answer to the other two would depend on what your employer is being investigated for. One of my friend's employer is currently being investigated for financial inconsistencies and it has been going on for a while. His 485 has been pending for a few years (his PD is 2003 for EB2) and there is a lot of uncertainity around what would happen to the employees who were getting "Per Diem". Dont mean to scare you but you may want to consult an attorney to get a better handle on the situation before your respond to that. Find a good one even though it might cost you more as that may be money well spent.

Quote:

Originally Posted by srinidhi

Admins ,Please remove this post If you see this question is irrelevant here .Since this is the most active thread ,I am posting it here .

I am working for a small consulting company .I work on my EAD with approved i140 and my current employer
is the one who sponsered my GC .I am happy with my current employment and don't have any plan to move out
of my current employment until I get my GC .However I got a mail from DOL last month saying that they are investigating
my employer and asked about my feedback about my employer .

Here are the questions I have in mind right now .

1. Is it now safe to quit my employer and join somewhere using AC21 since I have already crossed my 180 day mark ?
2. I am not sure what hapens to my i-485 Incase DOL finds some issue with my employer.is it anyway put me in better place
if I quit my current employer ?
3.Is it possible for me to find another employment and invoke AC21 after(In case) I get any NOID from USICIS

P.S : I don't have any H1b to backup In case If My i-485 got denied by USCIS
10-03-2012, 10:13 AM
srinidhi

Quote:

Originally Posted by manzoorraza

Srinidhi,
To the best of my knowledge, switching should be straightforward but the answer to the other two would depend on what your employer is being investigated for. One of my friend's employer is currently being investigated for financial inconsistencies and it has been going on for a while. His 485 has been pending for a few years (his PD is 2003 for EB2) and there is a lot of uncertainity around what would happen to the employees who were getting "Per Diem". Dont mean to scare you but you may want to consult an attorney to get a better handle on the situation before your respond to that. Find a good one even though it might cost you more as that may be money well spent.

Thank You manzoorraza .
10-03-2012, 10:56 AM
vizcard

Quote:

Originally Posted by srinidhi

Admins ,Please remove this post If you see this question is irrelevant here .Since this is the most active thread ,I am posting it here .

I am working for a small consulting company .I work on my EAD with approved i140 and my current employer
is the one who sponsered my GC .I am happy with my current employment and don't have any plan to move out
of my current employment until I get my GC .However I got a mail from DOL last month saying that they are investigating
my employer and asked about my feedback about my employer .

Here are the questions I have in mind right now .

1. Is it now safe to quit my employer and join somewhere using AC21 since I have already crossed my 180 day mark ?
2. I am not sure what hapens to my i-485 Incase DOL finds some issue with my employer.is it anyway put me in better place
if I quit my current employer ?
3.Is it possible for me to find another employment and invoke AC21 after(In case) I get any NOID from USICIS

P.S : I don't have any H1b to backup In case If My i-485 got denied by USCIS

Quote:

Originally Posted by manzoorraza

Srinidhi,
To the best of my knowledge, switching should be straightforward but the answer to the other two would depend on what your employer is being investigated for. One of my friend's employer is currently being investigated for financial inconsistencies and it has been going on for a while. His 485 has been pending for a few years (his PD is 2003 for EB2) and there is a lot of uncertainity around what would happen to the employees who were getting "Per Diem". Dont mean to scare you but you may want to consult an attorney to get a better handle on the situation before your respond to that. Find a good one even though it might cost you more as that may be money well spent.

Quote:

Originally Posted by srinidhi

Thank You manzoorraza .

I'd like to add - see if you can get any info about the immigration history of the new company i.e. have current employees had issues. Hopefully HR should be able to answer some of those questions when you interview.