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Employer tricked me to move to US

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Msb1

Junior Member
California.

I work for a large multinational company and uncovered/witness some illegal activity while based in Asia.

The company offered me a promotion in the US but secretly this was to move me out of the way. I have an extensive documentation of my role and responsibilities in my L1 application. The company has failed to honor almost any of these.

I’m now stuck in the US working for this employer and being undermined and treated like crap, it has caused severe stress and anxiety (medically diagnosed) and the reputation of the company I am attached to is gone down the toilet largely due to their illegal activities (in the media) therefore I’m stuck here as I don’t have a green card, spent lots that was not reembursed to move here, have additional future costs if I want to leave, plus disruption to my family and low chance of comparable employment due to the company’s, and in particular the department I am attached, to’s horrendous reputation globally.

Any advice on the direction I should take here? Fraud? Breech of contract? Constructive? Mentral trauma?

I’m sure there are a number of things that are totally wrong here.

Thanks in advance
 


cbg

I'm a Northern Girl
Is the illegal activity prohibited by US law? Or by the law in the unknown Asian country where you were first based?
 

Zigner

Senior Member, Non-Attorney
You could quit and go back to your home country to find other employment.

You *might* be able to seek other employment here in the states (I' not sure how the immigration end of things works).
 

Shadowbunny

Queen of the Not-Rights
California.

I work for a large multinational company and uncovered/witness some illegal activity while based in Asia.

The company offered me a promotion in the US but secretly this was to move me out of the way. I have an extensive documentation of my role and responsibilities in my L1 application. The company has failed to honor almost any of these.

I’m now stuck in the US working for this employer and being undermined and treated like crap, it has caused severe stress and anxiety (medically diagnosed) and the reputation of the company I am attached to is gone down the toilet largely due to their illegal activities (in the media) therefore I’m stuck here as I don’t have a green card, spent lots that was not reembursed to move here, have additional future costs if I want to leave, plus disruption to my family and low chance of comparable employment due to the company’s, and in particular the department I am attached, to’s horrendous reputation globally.

Any advice on the direction I should take here? Fraud? Breech of contract? Constructive? Mentral trauma?

I’m sure there are a number of things that are totally wrong here.

Thanks in advance
If you have a bona fide employment contract, you'll want to have it reviewed by an attorney to determine if there's been a breach.

And what do you feel is fraudulent?

As to mental trauma? What treatment have you sought? Are you seeing a psychiatrist/psychologist? Keep in mind that it's not illegal for your employer to be a jerk. And they have no duty to you to maintain their global reputation.
 

Taxing Matters

Overtaxed Member
California.

Any advice on the direction I should take here? Fraud? Breech of contract? Constructive? Mentral trauma?
I’m not seeing any legal cause of action against your employer based on U.S. law. Your employer made whatever promises it made to you to take the U.S. post while you were working in that Asian country and the reason the employer had you leave was due to circumstances in that Asian country. If you have a claim to pursue here, it would have to be based on the laws of that Asian nation. Note that in the U.S. it is not illegal for an employer to undermine you and treat you like “crap” unless the employer’s reason for doing that is one that the law prohibits (e.g. ilegal discrimination, illegal retaliation, etc). Note that while there are laws in the U.S. that prohibit an employer from retailiating against an employee for making certain complaints about wrongdoing of the employer in the U.S., the law does not generally protect employees against retaliation for complaints made by an employee for wrongdoing the employer does in some other country.
 

FlyingRon

Senior Member
Furhter, there's little protection against being "shuttled aside" under US law. And the L-1 is non-immigrant. If you decide you aren't doing the job that the visa covers, you have little recourse but to leave the US.
 

FlyingRon

Senior Member
He's not "stuck" here.

He has two options:

Stick it out for a while in his sucky job and get a green card (L-1's are dual intent).
Leave the US.
 

t74

Member
No one is guaranteed a green card. There is nothing to indicate his L-1 was of the level to qualify for the EB1 path.

OP, no one is forced to work for an employer in the US. You are free to quit and return to your home country since you will no longer qualify for L1 status. It is your choice so either quit whining or leave; it is your choice.
 

Msb1

Junior Member
Thanks for the replies. Sorry I don’t get notified that I have had replies.

The illegal activity was FCPA violations. Very serious. I did not look the other way. I disclosed and reported it. The company needed me out of the way from disclosing and reporting other matters that I would uncover in the course i my work.

I believe the company has undermined my contract in retaliation for this. Please understand there is a limit to what I can disclose on a public forum. I know this isn’t helpful.

I have a contract and an extensive job description. I have now spoken to a lawyer that believes at the least the company has committed fraud against me and US government but we are still to talk extensively.

I am being treated for anxiety and sleep disorders as a result. The company has caused this by creating a hostile environment, forcing me to be interviewed extensively by company lawyers before I speak with the DOJ and not upholding my contract forcing me to carry out a role I did not apply for and is in violation of everything agreed.

And unfortunately I cannot go to another company in US and my company is so well known there is nowhere that their behaviour will not follow me.
 

Msb1

Junior Member
No one is guaranteed a green card. There is nothing to indicate his L-1 was of the level to qualify for the EB1 path.

OP, no one is forced to work for an employer in the US. You are free to quit and return to your home country since you will no longer qualify for L1 status. It is your choice so either quit whining or leave; it is your choice.
Unfortunately you are absolutely incorrect. My AOS is already approved and fast tracked on account of my skills.

And you are clearly not very open minded to level of corruption and ‘creative problem solving’ that can exist with corporate America (and any MNC) so I suggest you get back in your box where you can at least help yourself.
 

Msb1

Junior Member
No one is guaranteed a green card. There is nothing to indicate his L-1 was of the level to qualify for the EB1 path.

OP, no one is forced to work for an employer in the US. You are free to quit and return to your home country since you will no longer qualify for L1 status. It is your choice so either quit whining or leave; it is your choice.
Furhter, there's little protection against being "shuttled aside" under US law. And the L-1 is non-immigrant. If you decide you aren't doing the job that the visa covers, you have little recourse but to leave the US.
L1 is dual intent. I already have an AOS. Staying in the US is of little consequence to me. Being “stuck” is legally correct as the company is put me in a position that I would have fund my way out of. I would not be in this position if they company had acted lawfully. I appreciate that this is a ‘free advice’ forum and the possibility of quality legal advice is low but my intent here is to gather some additional view points from persons at least somewhat familiar with US law, before I meet with my lawyer tomorrow.
 

quincy

Senior Member
L1 is dual intent. I already have an AOS. Staying in the US is of little consequence to me. Being “stuck” is legally correct as the company is put me in a position that I would have fund my way out of. I would not be in this position if they company had acted lawfully. I appreciate that this is a ‘free advice’ forum and the possibility of quality legal advice is low but my intent here is to gather some additional view points from persons at least somewhat familiar with US law, before I meet with my lawyer tomorrow.
You should just wait to speak to your lawyer tomorrow. Good luck.
 

t74

Member
Unfortunately you are absolutely incorrect. My AOS is already approved and fast tracked on account of my skills.

And you are clearly not very open minded to level of corruption and ‘creative problem solving’ that can exist with corporate America (and any MNC) so I suggest you get back in your box where you can at least help yourself.

I am well aware of the unethical behavior that occurs in corporations. You care more about remaining in the US than with extracting yourself from the situation you find yourself in. You can leave and return to your home country but you are choosing to stay. I would have left rather than participate in illegal activities. Remember, are known by the company you keep.
 

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