Sea Juan

Hello everyone,

I am on H-1B. Recently, I changed jobs by getting an H-1 transfer approval. Now, my
ex-employer is sueing me for "Breach of Contract" because I quit his job.

My new company will soon be sponsoring me for a GC. Eventually [after n number of years] I
would also want to apply for citizenship.

I want to know if the present civil law suit can adversely affect any of these processes.
What happens if I lose the lawsuit and the court asks me to pay $$x to the ex-employer?

Will this have any affect on my future GC prospects?

Thanks and regards, SeaJ

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Sylvia Ottemoeller

Sea Juan wrote:

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No. There is no requirement to disclose any fact about civil lawsuits in the process of
obtaining permanent resident status.

You did not violate immigration law or regulations by leaving the employer before the end
of the authorized stay.

Ingo

>Hello everyone,
>
>I am on H-1B. Recently, I changed jobs by getting an H-1 transfer approval. Now, my
>ex-employer is sueing me for "Breach of Contract" because I quit his job.
>
>My new company will soon be sponsoring me for a GC. Eventually [after n number of years]
>I would also want to apply for citizenship.
>
>I want to know if the present civil law suit can adversely affect any of these processes.

Normally not, but it depends very much on the details. Basically, the only way it could
affect your GC is if the employer demonstrated to INS that you somehow violated your
status. As long as you worked in the field specified on the LCA, that would be extremely
difficult. Plus, the employer would weaken his position in the civil suit if he got that
vindictive and tried to harm you immigration-wise.

>What happens if I lose the lawsuit and the court asks me to pay $$x to the ex-employer?

Most likely not. Also keep in mind that chances are that this lawsuit is just
designed to intimidate you, and they'll either drop it soon, or worst case settle out
of court with you.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).