Legal Question in Immigration Law in South Carolina

Harrassing to pay 10K or cancel I-140

This consulting company filed for my GC. I paid for all processing fee around $4k. I have I-140 approved and my 6th yr H1B expire on last week. I am currently working for other company who filed my H1b ext (3 yr) based on above approved I-140.

Now consulting firm asking me to pay them around 10K or leave current job to join them otherwise they will revoke my I-140. They told me this on next day my H1B expired. They are saying that they are losing $$ as they cannot have someelse I-140 filed due to fix quota per company on which they would have made money. They need this $8k towards that loss of income.

If they cancel i-140 there is a chance my H1b ext may be rejected but my current employer will apply for premium processing on monday and hoping for it to get approved before I-140 revocation will get processed.

I need advice on what should be correct thing to do. Not losing my visa will be my 1st preference.

Should I sue the consulting company for harrassing me to pay money and to cancel my I-140 for which I have paid all the money which they should have paid?


Asked on 9/14/08, 1:19 am

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Harrassing to pay 10K or cancel I-140

Your situation is too complicated to provide you an answer over email. Are you currently out of status or did you file your H-1 extension in time. What does your employment contract say? Is the sponsoring company still willing to hire you after you have your GC? You are taking a big risk if you are simply relying on an email answer to this question. My recommendation would be that you speak to an immigration attorney in detail and you have all your paperwork available when you do speak to him or her. You are welcome to contact us as well to set up an initial consultation.

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Answered on 9/14/08, 4:22 pm


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