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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118256
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I want to sue my previous employer - which type of legal expert I shold be contacting

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I want to sue my previous employer for screwing my green card process and put me into menta stress and trauma.
Because my employer revoked I-140, USICS revkoked/denied my I-485 also - it is purely out of retaliation and I gone t'ru lot of pain,stress and mental trauma to get back on track. I had to hire new lawyer - spend around 12 K to file MOTION TO REOPEN, then file EAD's AP's all those things, and then I havd to change my attorney of the record also.
BotXXXXX XXXXXne is, I want to teach my old employer a lesson so that he will never do this kind of retaliation to any one - so that employee will never suffer because of the employer action.

-I want to sue old employer
- I want to sue old employer attorney (because old attorney never shared the information what I got on my case from USCIS on my I-485 case - though I-485 is for beneficiary not for the employer who sponsoring this).

I would like to know which laywer I should be talking to about this kind of case since I nee
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

- Please clarify the actions you believe were retaliatory, why did the employer revoke your I-140, what specifically did the employer's attorney do or not do in the matter that leads you to believe he acted inappropriately?


Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 9 years ago.
Well, I worked for them 9+ year, when it comes time for me to make a career change they don't like that. They still want to hold on to me so that they can earn money. I gave them one week notice, they need two weeks of notice and I was very firm on what I wanted they didn't like that.

Idea is, if I looks my Green Card, I do not have any chocies other than leaving the country or just go back to them begging for help - so that they can feel good about it and do nothing. It is long story - can't explain every thing but botXXXXX XXXXXne is - they didn't like me leaving and also they didn't like the way I handled - so they thought I can be screwed if they revoke my I-140. Ofcourse I got totally screwed and had to go t'ru so much of stress and straing to get back to normal track.

It is a consulting/body-shopping company, may employees suffered like me for various reasons. I just want them not to repeat this to any one and give them a lesson for what I had gone t'ru.
Expert:  Law Educator, Esq. replied 9 years ago.
Unfortunately, what you are talking about does not fall under discrimination or retaliation under the laws of the U.S. or VA. Once you notified the employer of your intention to leave, they are bound to notify INS as your sponsor that you will no longer be employed with their company and it would be up to whatever new company you were going to to file the necessary paperwork to renew your immigration status. Your company was following the law. Once you notified them you wanted to leave, you bore the responsibility and the fallout from those actions and your company notified INS in accordance with the law. I am sorry that this has happened to you, but the I-140 is a specific purpose and a step to permanent immigration status. You should have waited until all of the process was completed to decide upon notifying them of your decision to make your career change.


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Customer: replied 9 years ago.
Hi Paul,
Thanks for your response, but I still think I should have proper justice for my case. I'm wondering and thinking there must be some kind of law that governs employees instead of employers all the time.
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Here I'm listing my case in detail for you to think about it from my angle...
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I want to sue my previous employer for screwing my green card process and put me into menta stress and trauma.

My employer say A. sponsored my green card, ofcourse I paid every single penny for my green card process from the day 1 both the application fees as well as for the immigration lawyer.

My I-140 and I-1485 was concurrent process, I got my I-140 approved in Sep'06 and I-1485 was pending (adjustment of status). Per USICS AC21 law, I can change employmer and join any one after 180 days of my I-1485 pending provided I join the in the same or similar job with new employer.

I did join the new employer in April'07.

My old employer didn't like that, I worked for that employer almost 9+ years and I paid every single dollar for my GC process. He went and revoked my I-140 with USCIS, USCIS revoked my approved I-140 (they are not suppose to once it is approved) - also there is no law that says as soon as employee leave the organization employer must withdraw the I-140 - it is only for H1B they must do.

USCIS went and revoked my I-485 too (adjustment of status) - they are not suppose to do this since my I-148 was pending more than 180 days and I did file AC21.

Because my employer revoked I-140, USICS revkoked/denied my I-485 also - it is purely out of retaliation and I gone t'ru lot of pain,stress and mental trauma to get back on track. I had to hire new lawyer - spend around 12 K to file MOTION TO REOPEN, then file EAD's AP's all those things, and then I havd to change my attorney of the record also.

BotXXXXX XXXXXne is, I want to teach my old employer a lesson so that he will never do this kind of retaliation to any one - so that employee will never suffer because of the employer action.

-I want to sue old employer

- I want to sue old employer attorney (because old attorney never shared the information what I got on my case from USCIS on my I-485 case - though I-485 is for beneficiary not for the employer who sponsoring this).

I would like to know which laywer I should be talking to about this kind of case since I need to teach them a lesson.

Any comments,response on this regard much much appreciated.
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I don't think there is a mandate or law that says if employee leaves the company while adjustment of status is pending - employer must revoke the I-140.

What you are suggesting me was in a ideal world scenario.

Hope to hear from you on this before I pay.
Expert:  Law Educator, Esq. replied 9 years ago.
First, what you need is an immigration attorney to appeal the revocation of the I-140 with USCIS, and you will need your new employer to assist. Goto http://www.martindale.com, which is where attorneys go to find other attorneys in other cities or specialties. Second, your old employer's attorney is NOT your attorney, he does not have to share information with you because you are not his client, your old employer is his client, even if he was assisting you for the old employer. You can port your I-140 to another employer, but the USCIS will review the change and can decide to revoke it if they do not believe the requirements were met, this is where you need to hire an immigration attorney to file your appeal. This is not necessarily something that your old employer did.

If your old employer made knowingly false statements to get the I-140 revoked, then you need a general practitioner to file a defamation suit against the employer because they made a known false statement and you suffered a financial loss because of the statement.

These are the protections you have.
Customer: replied 9 years ago.
Paul, I had gone t'ru all these things and now I do have my GC t'ru my new employer by hiring a new immigration attorney, spend good amount of money to get this thing done.

I just wanted to sue my old employer and teach them a lesson - so that the loss what I had gone t'ru can be recovered.

Thanks.
Expert:  Law Educator, Esq. replied 9 years ago.
You will not have any real grounds to sue your employer to "teach him a lesson" sorry, but the law is not on your side here, but good luck to you.
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