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Breach of Contract and should I contact Dept of Lbor

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  • Breach of Contract and should I contact Dept of Lbor

    I am stuck on the following scenario. Any guidance would be highly appreciated.

    My previous employer is threatening to take legal action against me for breach of contract for joining the client. According to the offer letter I had signed with my previous employer 3 yrs ago I cannot join the client for one year after quitting them. But during the stay with them when I was applying for GC and H1-b extension they had mention this offer letter is not valid and cannot be used for immigration purpose since it mentions my salary as 75% of client's billable rate and not as a fixed salary as required for H1 employee by law. But now when I moved on to the client they are insisting the offer letter as valid and going to use against me for legal action.

    What are my options now -

    1. Should I contact Department of labor and go after the employer for the following:

    a) Working on a percentage basis and not on a fixed salary.

    b) When I was working with the client through my previous employer I had 2 vendors, So can I question employee employer relationship.

    c) GC filing and attorney fee was fully paid by me.

    2. By contacting Department of labor, Will it affect me ( Current H1 or while porting Eb3 to Eb2 GC with new company or while going for stamping in next 3 months ).

    3. My previous employer has threatened to revoke my i-140

    a) Will it affect my Eb3 to Eb2 porting with new company. My I-140(Eb3) was approved 11 months ago.

    b) My previous employer is not releasing my I-140 to me. what I have is I-140 receipt number and I-140 application form with approved stamp and alien number which I obtained through FOIA. Can this be used for Eb3 to Eb2 porting.

    4. My employer has also threatened not to issue an experience letter to me, But as a back up I had taken experience letter from them 4 months before quitting which states the date as starting date of employment to present (not end date). Can this be used for my GC filing or should I need to have an end date on my experience letter.

    Thanks in Advance for any advice.