Approved EB2 PERM, got fired boss is already Senile/Dementia.

[Triskelion95]

I'm on H-1B with an approved PERM for EB2.  I have 3 dependents on H4 and a daughter who is a U.S. National.

 

My boss fired me for allegedly for a petty crime which I did not do.  Got booked and now we have a court date which I am very confident will be dismissed.  She already wrote a letter to USCIS to have my H-1B and approved EB2 PERM revoked.

 

Boss made me work multiple sites, made me pay for my H-1B & PERM immigration/attorney's fees, no pay for overtime and weekend and extra work. work, ALL documented.

 

What are my options? Can I invoke AC21 for humanitarian reasons since I did not do anything wrong but my boss is just simply nuts and doesn't want to retire. Can I state mental incapacity?

[rahul412]

Boss made me work multiple sites, made me pay for my H-1B & PERM immigration/attorney's fees, no pay for overtime and weekend and extra work. work, ALL documented.

 

That's completely illegal. You have to file a complaint ASAP against that fraud employer.

[omshiv]

File a complaint with DOL.

[Belle]

Get yourself a lawyer. In fact, get two lawyers - one immigration lawyer, one labor lawyer. Interview a couple and choose the ones that sound smartest.

[murthybabu]

Sorry to hear about your situation. That is what most desi consulting firms do. They make you pay for H1, GC etc. See if you can find a full time job where you don't have to pay for H1. Then log a complaint with DOL against your employer. That should teach him a lesson.

[ge145]

I have to ask about your company size

Seems like your boss acts like HR - usually payroll, hr is all different.

U can get an attorney and send them a letter asking for back pay etc 

[t75]

The police would not have followed through if there was not some evidence of a crime.

 

She is free to fire you and revoke her petition for any reason. She can assign you to work anywhere she wants.

 

If you are an "exempt" employee (salaried), you do not get overtime unless it is specified in your contract. That is the bad part of a guaranteed salary rather than an hourly wage.

 

She does have to pay you according to theH1B program requirements and may not ask you to pay most H1B processing fees.

[JoeF]

 

If you are an "exempt" employee (salaried), you do not get overtime unless it is specified in your contract. That is the bad part of a guaranteed salary rather than an hourly wage.

Actually, I don't consider that a "bad part." Exempt employees have a lot more freedom to do their work as they see fit. That may result in some overtime, but it can also result in leaving early for the day. If there is permanent overtime, then the company is managed wrong, and I would leave them. See, for example, the experience Steve Maguire described in his books when he was tasked to fix MS's Excel development. One of his first actions was to prohibit overtime...