Too soon to leave? (Green Card)

[Tidusel94 0]

Hi,
I was sponsored for a green card for a company in the US. I did the whole process being outside of the US, so when I entered the US I was admitted as a permanent resident. 

 

I started to work for the company immiedetly. I've been working for the company for about 2 months now. This employer hasn't really full filled their promises to me. They cut my orientation short and they put me in a different location. They also hired me for a full time position but they don't pay me full time. They are also arguing with me that I should execute different work tasks.. That I'm not being compensate for. 

 

I feel like I'm done with this company. This was not what I expected it to be. I couldn't know that the job was going to be like this, since I accepted it while I was being outside of the US. I've also looked up the company reviews online on different work sites and their reviews are terrible. Where multiple people witness a disorganised organization where they cut orientation short and don't pay you adequately. 

 

I received my physical green card in the mail for about a week ago. I'm offered other positions within my field where they all are also offering a 50% pay increase.

 

Can I face any short or long term consequences if I terminate my employment after 2-3 months holding a green card? 

 

All responses and tips are very welcomed.

[Mike E 11,739]

You are expected to work for the petitioner. 
 

The amount of time is not definite 

 

6 months seems to be a safe rule of thumb. 
 

Your post implies you think you can get a job in zero days to 30 days.  I doubt it.  Assuming this was a Tech job, I know it.  
 

Start interviewing and refuse to start less than 4 months from now.    
 

As to what can happen if you quit too soon see:

 

https://www.reddit.com/r/USCIS/comments/mvs428/n400_rejected_after_strange_rfe_help/

 

[Tidusel94 0]

I was expecting to work for the employer as well. Until they didn't pay me for full time for a full time position and everything else they changed once I arrived in the US. 
 

I am able to get a job within 0-60 days. Hence my question. 
 

I guess my questions are focused to: Are one really obligated to continue work for a petitioning employer even if they don’t pay you for your work and if they are changing the game rules once you arrive to work for them? 

[usmsbow 801]

3 minutes ago, Mike E said:

 

Your post implies you think you can get a job in zero days to 30 days.  I doubt it.  Assuming this was a Tech job, I know it.  
 

 

 

FWIW, my wife was laid off in mid-August and had a new job lined up in less than a month. Similar situation with a colleague's son. He was laid off and had a new job w/in 30 days. She's kinda in tech (worked for one start-up, will be working for a different one now) and colleague's son does lab work for biotech companies.

 

Point being, job market is still hot right now in some areas in some parts of the country at least. If you have the right skill set and live in the right area, it definitely is do-able.

 

 

 

 

[Timona 4,207]

You're just seeing the company's reviews right now?

You should only work for what you're paid. No free labor

[Tidusel94 0]

2 minutes ago, Timona said:

You're just seeing the company's reviews right now?

You should only work for what you're paid. No free labor

Yea, after a couple of weeks on the job I felt like: #######? This is crazy, why are they cutting down my orientation period (significantly, more than 50%). Why am I not being paid for the hours I put in? So I started researching the company online and created user accounts on different pages to be able to read them all.. and well let’s just say that I’m not alone. Feel like the employer are systematically using immigrants. Unfortunately many people are working years for them because they are applying for adjustment of status. I just arrived to the US and got my GC right away.. hence I wanna move ASAP. But I don’t wanna risk to face any consequences with my green card. 

[usmsbow 801]

OP, do you have an offer letter? Or any documentation that shows what you were supposed to earn? And I assume you have pay stubs that show you clearly don't make that much? Have you reached out to HR and inquired? Hopefully via e-mail?

 

Point being I would NOT leave that employer until you had documentation showing that they did not fulfill their part of the deal. If you have evidence that you were the one that was duped, then I'd definitely look for a new job right away. if you do NOT have documentation, get it now. Otherwise it might look like you were the one duping the employer, and you might encounter problems with USCIS in the future.

 

https://legalservicesincorporated.com/immigration/employer-that-sponsored-green-card/

 

 

[Tidusel94 0]

3 minutes ago, usmsbow said:

OP, do you have an offer letter? Or any documentation that shows what you were supposed to earn? And I assume you have pay stubs that show you clearly don't make that much? Have you reached out to HR and inquired? Hopefully via e-mail?

 

Point being I would NOT leave that employer until you had documentation showing that they did not fulfill their part of the deal. If you have evidence that you were the one that was duped, then I'd definitely look for a new job right away. if you do NOT have documentation, get it now. Otherwise it might look like you were the one duping the employer, and you might encounter problems with USCIS in the future.

 

https://legalservicesincorporated.com/immigration/employer-that-sponsored-green-card/

 

 

My offer-letter states, 40h full time. Then most of my paystubs is missing 5-10 hours. I have text conversation where my boss states I’m not compensated for certain task.. that I’m expected to do. When I state that it’s weird that I’m expected to do task associated with work and not get compensated.. she texts that she wanna call me and it’s easier to discuss it over the phone. 
 

I haven’t discussed it with HR. I feel like I just wanna leave tbh. 

[Mike E 11,739]

24 minutes ago, Tidusel94 said:

 . 

 

I guess my questions are focused to: Are one really obligated to continue work for a petitioning employer even if they don’t pay you for your work and if they are changing the game rules once you arrive to work for them? 

Sounds like it might be a constructive dismissal and thus you could argue that your resignation was involuntary. Do you really want to take chance DHS will see it that way years down the road, or stick it out for 4 more months?

 

If you are being paid part time hours then work part time hours.  Then let them fire you.  Retain records (for life) of the involuntary termination. 

[Mike E 11,739]

27 minutes ago, usmsbow said:

 

FWIW, my wife was laid off in mid-August and had a new job lined up in less than a month. Similar situation with a colleague's son. He was laid off and had a new job w/in 30 days. She's kinda in tech (worked for one start-up, will be working for a different one now) and colleague's son does lab work for biotech companies.

 

Point being, job market is still hot right now in some areas in some parts of the country at least. If you have the right skill set and live in the right area, it definitely is do-able.

 

 

 

 

Working in less than 30 days including  background checks? Amazing.  Not my 34 year Silicon Valley experience at all.  Big Tech don’t move they fast IME and IMO

[usmsbow 801]

2 minutes ago, Mike E said:

Working in less than 30 days including  background checks? Amazing.  Not my 34 year Silicon Valley experience at all.  Big Tech don’t move they fast IME and IMO

Not big tech. Start ups, like I said. Her new employer is under 100 employees. Don't know about colleague's son, but wouldn't be surprised if it is similar (under 100 employees).

 

 

[Mike E 11,739]

16 minutes ago, Tidusel94 said:

When I state that it’s weird that I’m expected to do task associated with work and not get compensated.. she texts that she wanna call me and it’s easier to discuss it over the phone. 

Seems like you are being paid by hour which is unusual for jobs where the employer has gone through the effort of getting you a green card.  
 

In all states I am aware of, non-exempt (aka hourly) workers must be paid for all hours worked.  The exception is workers under a collective bargaining agreement. Report your employer to your state board of labor relations and get paid.  Or better yet, fired.  

[Tidusel94 0]

7 minutes ago, Mike E said:

Working in less than 30 days including  background checks? Amazing.  Not my 34 year Silicon Valley experience at all.  Big Tech don’t move they fast IME and IMO

The thread isn’t really about me getting a new job. I am not like this job at all I’m just trying to stick it out until I find a new one. 
 

2 minutes ago, Mike E said:

Seems like you are being paid by hour which is unusual for jobs where the employer has gone through the effort of getting you a green card.  
 

In all states I am aware of, non-exempt (aka hourly) workers must be paid for all hours worked.  The exception is workers under a collective bargaining agreement. Report your employer to your state board of labor relations and get paid.  Or better yet, fired.  

Well even when I’ve logged my time and submitted to HR.. they are not paying me according how I log the hours because they expect that certain task related to work isn’t paid lol. 
 

I don’t wanna go all crazy and report them. I’ve confronted them. They are just referring to their policy. And like I said, after doing some research now I’m not the only one experiencing this. 

[Mike E 11,739]

30 minutes ago, Tidusel94 said:

 .   

 

I don’t wanna go all crazy and report them. I’ve confronted them. They are just referring to their policy. And like I said, after doing some research now I’m not the only one experiencing this. 

Not being  paid for hours you’ve.  worked is illegal. Given you want out of this job and  given you have an EB gc, you are looking a gift horse in the mouth. 
 

Your options as I see are to:

 

1. work only hours you get paid

2. report your employer for unpaid hours 

3. quit now 

4. stick it out for another 4 months, then quit 

 

(1) and (2) will get you fired which is a desired outcome for preserving your LPR status. (4) will preserve your LPR status.  

 

You’ve  rejected all options but the one option (3) that puts your LPR status at risk. I won’t encourage you to do that.

 

Good luck.  I’m out. 

Edited October 1, 2022 by Mike E

[Boiler 45,516]

I do not see any immigration issues, you are a Permanent Resident.