Employer taking advantage and threatens empoyees

[brychuk]

What is the name of your state? CO

Group of people employed at the place where employer has an "exlusive" relationship with immigration lawer.
There are all in the application process for permanent residency. But have absolutely no access to any information on their case status. Lawer reports to employer _only_.

Employer keeps all the information to himself, because he afraid that these people will leave him if they will be in control of their cases or at least have an access to information. He also threatens them to fire and stop the process if they won't keep their mouth shut. Sounds like a sweat-shop.

By the way, these people paid on average $13,000 each in legal fees over 4 years to employer, so he can cover legal cost of his immigration lawer.

Is their a way to get things straight without harming their permanent residency process? Please help, people are EXHAUSTED!!!

 

[bisto]

sounds like a great scam. What have they seen for their $13,000 each?
Do they even have proof that immigration papers have been filed?

 

[brychuk]

about 25% of them have received either EAD or invitation for fingerprinting. So, they know that things are moving somehow. But they don't know where to and how fast.
Is there a way for them to change a lawer who can finish up their cases without resatrting everything from scratch? They have gone through hell already, and see no end to it right now...

 

[ImmigAttyLana]

Yes, of course they should be able to change lawyers, provided the employer did not make them sign something saying that the employer's attorney is the only attorney they can work with as per company policy. However, keep in mind that another attorney may not be willing to work for free from this point forward even if the employer does not mind the employees changing attorneys.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[brychuk]

Thank you for help and encouragement.
I think I didn't indicate clear enough the fact that employer will fire anyone who will try to go around his way of doing things, i.e. getting another attorney, etc. Thus, their permanent residency application process will become void (?).
The question is this: is it possible to transfer cases to another lawer (obviously not for free), and make sure that their permanent residency process will not end, even if the employer will want it. In another words, is there a point within permanent residency application process, based on employment, where employer is no longer able to reverse the process or stop it?
thank you very much for your advice!!!

 

[ImmigAttyLana]

No, not really. The permanent residence process is employer-driven and is really THEIR petition up to the adjustment of status stage, which means they can withdraw the application at their whim (this is highly unprofessional, to be sure, but it happens all the time). Furthermore, without the assistance and cooperation of the employer and their current counsel, it is next to impossible for the new attorney to obtain any information about the pending case or the status of the case if you do not have any of the relevant documents and they refuse to disclose any information to you. Do you at least know the name of the attorney who is handling these matters for the employer? If some of the people have obtained their EAD, at least there is a record of that document and they can obtain a copy of their file through the Freedom of Information Act request, although this may take a while. I would say that if you don't know where you are in this process and you can change employers, this is probably your best option at this point, as you may be wasting time with this employer and they are not doing much of anything on your behalf. How long have you been in H-1B status?

Please feel free to contact me directly if you have any additional questions or need further guidance.

 

[brychuk]

The problem is that these people are not even sure if they had or have H1-B status. Most likely they are all on P-3 visas. Due to uniqueness of their specialization it is not as easy for them to find another employer.

Then the question is, if they find another employer with the same work terms and environment, will they have to start all over or can they just continue their permanent residency process where they left off?

It is very unfortunate that US laws allow employers the opportunity to put people through years of humiliations and unfair treatment such is in this case.

Lana, thank you very much for your answers and help!!!

 

[ImmigAttyLana]

Depending on what stage of the process their current p ermanent residence petition is in will determine whether or not that process can continue without interruption or negative impact if they change employers.

It sounds like there is very little information and the FOIA request at this point is probably the best suggestion to you.

Please contact me directly if you would like to discuss this and possible options in greater detail. We can schedule an initial free consultation over the telephone.