Maintaining the I-9 document at the employer's location is required by law. Even if you have not signed anything except the offer letter, the employer cannot just deny having you work for his client and wash his hands off you.
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
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Yeah, that means a maximum of three images got more than one vote. So it was either 3 nominees or 17. I guess having more judges might've helped.
Well maybe Kirupa could've just overridden us and decided for himself.
Well maybe Kirupa could've just overridden us and decided for himself.
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
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Being a projct manager, If you cannot influence people to get letter that satisfy the uscis, I will not recommand you for PM.
FYI, my lc is related to testing. but I am not in testing. so If I need a letter, I will ask them whaterver they want to write + testing. probalby you can do the same.
Please be sensible when you post such responses on a public forum. What you are saying is wrong. You cannot advise people to falsify documents in an open forum.
If you cannot get experience letter, why did you go for "previous work experience" requirement in LC? AFAIK, "previous work experience" is optional
FYI, my lc is related to testing. but I am not in testing. so If I need a letter, I will ask them whaterver they want to write + testing. probalby you can do the same.
Please be sensible when you post such responses on a public forum. What you are saying is wrong. You cannot advise people to falsify documents in an open forum.
If you cannot get experience letter, why did you go for "previous work experience" requirement in LC? AFAIK, "previous work experience" is optional
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
I know some people think that we should not spend too much time on Lou Dobbs but to not protest his inaccuracies is to allow him to manipulate public opinion against us. It seems like his latest enemy is the "indian immigrant".
Some of you may have seen his interview of Senator Tancredo who suggested that there were about 700,000 immigrants that had come to the US legally on H1B visas and had overstayed illegally. Mr Dobbs of course did not question these numbers and facts and there has been no subsequent supporting information to back up such claims that negatively affect the perception of legal immigrants to the US.
Meanwhile Michale Moore has stated on his website that they "are now going to start looking into the veracity of other reports you have aired on other topics. Nothing you say now can be believed. In 2002, the New York Times busted you for bringing celebrities on your shows and not telling your viewers they were paid spokespeople for the pharmaceutical companies. You promised never to do it again. But there you were, in 2005, talking to Joe Theismann, on air, as he pushed some drug company-sponsored website on prostate health. You said nothing about about his affiliation with GlaxoSmithKline.
Clearly, no one is keeping you honest, so I guess I'm going to have to do that job, too"
Question for IV leadership - should we as a community should inform Michael Moore of Lou Dobbs inaccuracies when we find any?
Thank You
Some of you may have seen his interview of Senator Tancredo who suggested that there were about 700,000 immigrants that had come to the US legally on H1B visas and had overstayed illegally. Mr Dobbs of course did not question these numbers and facts and there has been no subsequent supporting information to back up such claims that negatively affect the perception of legal immigrants to the US.
Meanwhile Michale Moore has stated on his website that they "are now going to start looking into the veracity of other reports you have aired on other topics. Nothing you say now can be believed. In 2002, the New York Times busted you for bringing celebrities on your shows and not telling your viewers they were paid spokespeople for the pharmaceutical companies. You promised never to do it again. But there you were, in 2005, talking to Joe Theismann, on air, as he pushed some drug company-sponsored website on prostate health. You said nothing about about his affiliation with GlaxoSmithKline.
Clearly, no one is keeping you honest, so I guess I'm going to have to do that job, too"
Question for IV leadership - should we as a community should inform Michael Moore of Lou Dobbs inaccuracies when we find any?
Thank You
:D:D:D:D:D:D:D:D
Buddy let me know ASAP if its really going to make a difference, I will try to speed up the process.:D
Buddy let me know ASAP if its really going to make a difference, I will try to speed up the process.:D
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Ombudsman:
Exactly what are you doing here? You raise irrelevant points, just to stall the discussion so that no progress is made. (You were doing the same thing when genscn raised some stupid questions on another thread about the SKIL bill.)
I think you want to prevent all kinds of immigration, and my suspicion is that you are not an immigrant at all.
Keep out.
qplearn
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
Exactly what are you doing here? You raise irrelevant points, just to stall the discussion so that no progress is made. (You were doing the same thing when genscn raised some stupid questions on another thread about the SKIL bill.)
I think you want to prevent all kinds of immigration, and my suspicion is that you are not an immigrant at all.
Keep out.
qplearn
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
hair hair color ideas 2011.
Please do not give these kind of title for hypothetical cases.. I think we need tofocus on finding resolution to current stagnation than doing analysis paralysis.
Okay. I was able to talk to my attorney just a few minutes ago. He said, to do interfiling , you do not need to have PD current based on new I-140 as this is just a case update with new 140 information. He said that in any case, your 485 will be picked based on PD. I found him very very confident when he was telling me all this info to me.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
Question - the PD is never mentioned on the 485, it comes from the the underlying I140. So this leads me to understand that they'll interfile the I140 with the pending I485 even if our PD isn't current. Hmm...this conflicts with the info posted on www.immigration-law.com.
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You dont have to pay any taxes for tranfering money. It looks like you are supporting your parents by transfering your savings to their account.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
Since the account is in your parents name and i am guessing you are not a jt holder since that is illegal in india. A NRI and indian resident cannot be joint holders of an account.
If you were transferring it to your nre or nro account in India then you are supposed to report the account information using FBIR form( if sum of amount in all acounts > $10K) and pay taxes in US on the interest earned in those accounts.
I was not doing it initially but for past 5 years i have been paying taxes and past three years reporting all my accounts to IRS.
Hope this helps.
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Not sure why you guys still use the paper filing route rather than e-filing. Then you wouldnt be wondering about check cashing etc etc. I have e-filed for both AP and EAD for the last 3 years. Last time my wife's e-filed EAD came in less than 4 weeks.
Wake up people .... E-filing is better than paper filing !!!
Wake up people .... E-filing is better than paper filing !!!
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Thanks Kris, this gives me much needed relief!
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I didnt get notice yet .I read on these posts that we have only 30 days to file MTR.What if i dont get notice till that time .Is it appropraiate that my employer of his attorney contact CIS and let them know that we didnt recieve denail yet and that way have a proof and buy some time .
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Go through forum there are some links ..
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If you have been unsuccessful in trying to get an appointment in NJ, try some NYC centers. I got mine done during the weekend at the following center:
Dr. Anthony D. Blau, Green Card Medical Exams
305 Broadway, 4th Floor, Room 444, New York, NY 10007
(212) 766-4433
On weekdays, they have walk-ins. And the best part - it is cheap only $185 for the whole thing - tests, shots, everything. Extremely professional, my wife and I got out within an hour of reaching there. We just have to go once more to check our skin.
Dr. Anthony D. Blau, Green Card Medical Exams
305 Broadway, 4th Floor, Room 444, New York, NY 10007
(212) 766-4433
On weekdays, they have walk-ins. And the best part - it is cheap only $185 for the whole thing - tests, shots, everything. Extremely professional, my wife and I got out within an hour of reaching there. We just have to go once more to check our skin.
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I live in Chicago too.....
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Without any changes to the current system, How many of us will be in a similar position in 3 yrs time?
I am only asking this question since we all know how many of us are in the queue with PDs in 2001-2004 range. If 2800 per country EB category get out of this queue then, absent relief, this could easily be us in 3 yrs.
I am only asking this question since we all know how many of us are in the queue with PDs in 2001-2004 range. If 2800 per country EB category get out of this queue then, absent relief, this could easily be us in 3 yrs.
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
http://www.murthy.com/news/UDnograc.html
