Need advice on my issue. Please help

[ManCharsey 254]

Most folks here don't even know what they are talking about and giving incorrect advice.

This guy was hired when he was illegal. Any contract he signed and any clause that pertained to such a contract was non-binding as he was working as an illegal.

Same statute is what USCIS and any other entity uses to remove all benefits when the base condition under which you were contracted to them is found to be illegal.

Example :

1. Working for an employer with false education credentials. When the employer finds out later, any contracts you signed or any benefits you derived is voided.

2. You lie to USCIS and get a green card or get other benefits. When USCIS finds out, all benefits are void as the basis for the benefits was illegal in the first place.

SO with that being said..

The company had no business hiring you in the first place. If this goes to court, it will be thrown out as fast as it came in. Whatever contracts you signed is non-binding as you were not authorized to work in the first place!

If you however continued working for this agency AND signed new documents AFTER you became legal, then this company reserves the right to sue you for breaking the non-compete clause. If not, don't even bother replying to this threat. It's just a bluff and any lawyer will tell you exactly what I just told you.

And if I may add..That's the beauty of the American legal system!

Edited November 2, 2016 by ManCharsey

[f f 725]

Most folks here don't even know what they are talking about and giving incorrect advice.

This guy was hired when he was illegal. Any contract he signed and any clause that pertained to such a contract was non-binding as he was working as an illegal.

Same statute is what USCIS and any other entity uses to remove all benefits when the base condition under which you were contracted to them is found to be illegal.

Example :

1. Working for an employer with false education credentials. When the employer finds out later, any contracts you signed or any benefits you derived is voided.

2. You lie to USCIS and get a green card or get other benefits. When USCIS finds out, all benefits are void as the basis for the benefits was illegal in the first place.

SO with that being said..

The company had no business hiring you in the first place. If this goes to court, it will be thrown out as fast as it came in. Whatever contracts you signed is non-binding as you were not authorized to work in the first place!

If you however continued working for this agency AND signed new documents AFTER you became legal, then this company reserves the right to sue you for breaking the non-compete clause. If not, don't even bother replying to this threat. It's just a bluff and any lawyer will tell you exactly what I just told you.

And if I may add..That's the beauty of the American legal system!

I like your idea. admit to commuting fraud in a court of law to get a civil lawsuit thrown out and open the door for them to sue you for fraud by signing a contract saying uou were authorized to work in the us when you were not. and a bonus result of it is that is if the employment contract is voided then they can ask you to pay back all that money since there was no agreement to give you it.

pay is a benefit so by your own admission all that pay is to be returned.

and just because uscis dors one thing does not mean that courts do the same.

wouldn't it be wonderful if we lived in a world where a person could knowingly deceive another get a benefit and then not follow what they agreed to do and be protected from liability simple because they lied when they signed the contract. I would not want to live there.

please cite some sources about how the contract would be voided

[Eric & Idalia 56]

Hello guys, i need some very formal advice.

I think they are trying to threaten me especially what they still know is that i'm illegally working with the client.

Anyway, im glad you guys somehow understand my issue.

But why is the reason of the suing? Did you check your contract to see if there is a restriction for you to not work with the final client?

I am also in the same situation 2 companies between me and the final client. I am resident.

[ManCharsey 254]

I like your idea. admit to commuting fraud in a court of law to get a civil lawsuit thrown out and open the door for them to sue you for fraud by signing a contract saying uou were authorized to work in the us when you were not. and a bonus result of it is that is if the employment contract is voided then they can ask you to pay back all that money since there was no agreement to give you it.

pay is a benefit so by your own admission all that pay is to be returned.

and just because uscis dors one thing does not mean that courts do the same.

wouldn't it be wonderful if we lived in a world where a person could knowingly deceive another get a benefit and then not follow what they agreed to do and be protected from liability simple because they lied when they signed the contract. I would not want to live there.

please cite some sources about how the contract would be voided

I don't think you read the original post.

The company hired him KNOWING he was illegal. They even filed to switch his tourist visa to a working visa but it got denied so I don't know what you are talking about when you say he committed fraud or deceived the company. The only law he broke here was an immigration one which USCIS forgave him so whatever his illegal issues were in the past, has no bearing on him now. No fraud or deceit was committed on the part of the OP, period!

Now on the subject of this company threatening a bogus law suit..

The basis of the contract is illegal. Technically, this company can not claim the guy worked for them as he wasn't even authorized to work for them in the first place.

It's a different matter IF he defrauded the company by presenting sham paperwork and the company hired him thinking he was legal (If that happened, he could get sued for all benefits he derived from the company over the course of the employment).

According to the OP, that did not happen so the company basically colluded with the OP to do an illegal activity against the US government. If anybody should be paying fines, it's the company that should and not the OP.

The company is issuing an empty threat because I'm positive they still think the OP is illegal and as a result can harass him. If they know he's legal and knows his rights and the law, I bet you they won't pull this dumb move.

For the statutes : Just research on Contract Law - Illegality

There are several cases taught in law school.

A famous one being : Bovard vs American Horse Enterprise.

I studied Contract Law and know what I am talking about. Next!