Urgent work problem
Aug 23rd 2004, 11:45 pm
#1
Guest
Posts: n/a
Urgent work problem
Hi,
I'm currently on my 4th year as a H1-B with a software company, and I'm
currently in the labor certification stage (state was already approved,
federal was submitted Sept 03).
However, now I'm in the unfortunate position of being a victim of continued
verbal and physical harassment from the bosses son. He's been hitting me
(annoyingly but not hard), and calling all kinds of things, he's threatened
to key my car, and "kick me in.." my "fat fu**ing face", calls me a "fu**ing
bitch" all the time etc, etc.
This has been going on for months, but I haven't mentioned anything to the
boss because it's his son and I don't want to say anything that might make
me lose my job.
So, if I were to leave this job under duress, what are my options? Does the
BCIS (or whatever they are called these days) have any special provisions
for this kind of thing, or am I screwed?
Advice / Opinions please.
Bob.
I'm currently on my 4th year as a H1-B with a software company, and I'm
currently in the labor certification stage (state was already approved,
federal was submitted Sept 03).
However, now I'm in the unfortunate position of being a victim of continued
verbal and physical harassment from the bosses son. He's been hitting me
(annoyingly but not hard), and calling all kinds of things, he's threatened
to key my car, and "kick me in.." my "fat fu**ing face", calls me a "fu**ing
bitch" all the time etc, etc.
This has been going on for months, but I haven't mentioned anything to the
boss because it's his son and I don't want to say anything that might make
me lose my job.
So, if I were to leave this job under duress, what are my options? Does the
BCIS (or whatever they are called these days) have any special provisions
for this kind of thing, or am I screwed?
Advice / Opinions please.
Bob.
Aug 24th 2004, 6:37 pm
#2
Guest
Posts: n/a
Re: Urgent work problem
"November Soul" <[email protected]> wrote in message
news:[email protected]...
> I'm currently on my 4th year as a H1-B with a software company, and I'm
> currently in the labor certification stage (state was already approved,
> federal was submitted Sept 03).
> However, now I'm in the unfortunate position of being a victim of
continued
> verbal and physical harassment from the bosses son. He's been hitting me
> (annoyingly but not hard), and calling all kinds of things, he's
threatened
> to key my car, and "kick me in.." my "fat fu**ing face", calls me a
"fu**ing
> bitch" all the time etc, etc.
> This has been going on for months, but I haven't mentioned anything to the
> boss because it's his son and I don't want to say anything that might make
> me lose my job.
> So, if I were to leave this job under duress, what are my options? Does
the
> BCIS (or whatever they are called these days) have any special provisions
> for this kind of thing, or am I screwed?
You always have the option of filing Form I-539 requesting a change from
H-1B to B-2, making sure USCIS receives the application no more than a few
days after you go off the payroll of the H-1B employer. This will preserve
your maintenance of legal nonimmigrant status at least until the I-539 is
adjudicated.
Your current employer has no legal obligation to continue your employment.
Its only obligation is to pay the reasonable cost of your return
transportation, if you are terminated before the end of the approved H-1B
status.
USCIS has no provision to regard you as maintaining lawful H-1B status when
you are removed from the payroll because of retaliation or anything like
that. You may have legal rights and possible legal actions you can pursue
with regard to your employment, but not from the point of view of
immigration.
Your best course of action is probably to find another H-1B position
secretly, and make sure the I-129 is filed before you leave the payroll of
the first H-1B employer. It does not appear that this job can work out for
you, and you should not put up with the abuse.
news:[email protected]...
> I'm currently on my 4th year as a H1-B with a software company, and I'm
> currently in the labor certification stage (state was already approved,
> federal was submitted Sept 03).
> However, now I'm in the unfortunate position of being a victim of
continued
> verbal and physical harassment from the bosses son. He's been hitting me
> (annoyingly but not hard), and calling all kinds of things, he's
threatened
> to key my car, and "kick me in.." my "fat fu**ing face", calls me a
"fu**ing
> bitch" all the time etc, etc.
> This has been going on for months, but I haven't mentioned anything to the
> boss because it's his son and I don't want to say anything that might make
> me lose my job.
> So, if I were to leave this job under duress, what are my options? Does
the
> BCIS (or whatever they are called these days) have any special provisions
> for this kind of thing, or am I screwed?
You always have the option of filing Form I-539 requesting a change from
H-1B to B-2, making sure USCIS receives the application no more than a few
days after you go off the payroll of the H-1B employer. This will preserve
your maintenance of legal nonimmigrant status at least until the I-539 is
adjudicated.
Your current employer has no legal obligation to continue your employment.
Its only obligation is to pay the reasonable cost of your return
transportation, if you are terminated before the end of the approved H-1B
status.
USCIS has no provision to regard you as maintaining lawful H-1B status when
you are removed from the payroll because of retaliation or anything like
that. You may have legal rights and possible legal actions you can pursue
with regard to your employment, but not from the point of view of
immigration.
Your best course of action is probably to find another H-1B position
secretly, and make sure the I-129 is filed before you leave the payroll of
the first H-1B employer. It does not appear that this job can work out for
you, and you should not put up with the abuse.
