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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #16 (permalink)  
Old 02-19-2009, 12:44 PM
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Quote:
Originally Posted by Nikith77 View Post
Dude

Take it easy. Dont waste your time in finding ways to screw your employe, Spend the same time is learning new thing which will help you in finding a job. that is more important. dont be selfish.

you will have good times.

best of luck

To Contradict my friend here .

Sue that employer , you make money and he learns a lesson,
You cant be in the US, if dont put a complaint against him. you are out of status dude, A complaint can save you, from getting barred from entering USA.
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  #17 (permalink)  
Old 02-19-2009, 12:45 PM
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Quote:
Originally Posted by sac-r-ten View Post
They can cancel h1 any time.

File a complaint before you leave USA. Let them answer queries from DOL. They will be fined for sure. Submit as much evidence as possible.

Check this out, you might get some idea.

http://www.dleg.state.mi.us/email_pa...wage_claim.htm

http://www.mass.gov/?pageID=cagoterm...ints&csid=Cago
I am with my friend here ...

Do what he says...
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  #18 (permalink)  
Old 02-19-2009, 01:17 PM
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Dude

Don’t be selfish. Think about all the people who are working for that employer, you will be screwing all of them
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  #19 (permalink)  
Old 02-19-2009, 01:18 PM
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HI,
How to file a compliant to DOL?What documents are needed for that?
Usually how long does it take to get the money from employer and become in status again.

Thanks.
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  #20 (permalink)  
Old 02-19-2009, 01:35 PM
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Quote:
Originally Posted by ariesbkk18 View Post
.....
.....

You need to establish that you started working and were not paid wages.
I do not have any idea how to establish this.

Please can you confirm if i report to DOL in that case would i be able to transfer my H1.
I have sent you PM.
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  #21 (permalink)  
Old 02-19-2009, 01:38 PM
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Originally Posted by Nikith77 View Post
Dude

Don’t be selfish. Think about all the people who are working for that employer, you will be screwing all of them
What ......this guy has to complain about that employer....remember what this employer is telling this guy..." go back"
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  #22 (permalink)  
Old 02-19-2009, 01:56 PM
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Quote:
Originally Posted by Nikith77 View Post
Dude

Don’t be selfish. Think about all the people who are working for that employer, you will be screwing all of them
Oh Oh Oh! Step back, What you talking about?!
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*** Not a legal advice, use at your own risk ***
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  #23 (permalink)  
Old 02-19-2009, 01:58 PM
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Quote:
Originally Posted by Nikith77 View Post
Dude

Don’t be selfish. Think about all the people who are working for that employer, you will be screwing all of them
I dont care about that... Law broken is Law broken,H1B is being misused, and that should stop now.
I am gonna get a GC in 10 years, because of such people misusing H1B.. I am selfish.Everybody is.
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  #24 (permalink)  
Old 02-19-2009, 02:11 PM
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Quote:
Originally Posted by ariesbkk18 View Post
Hi There,
My employer insisted me to come to US, but after coming in US they could not find a project for me. I have completed my 4 months (2 months in 2008 and 2 months in 2009) here in US, and they have not paid me any salary. Now they are asking me to go back. I have few questions as it is do or die condition for me.

1. Can they file cancellation of my H-1B visa, as they have not given me any salary??
2. Do i have same rights to fights against my employer AFTER they cancel my H1-B as they did not pay me my salary for four months??
3. Is there anyway to transfer my H-1B??
4. What is the max time to stay with an Out Of Status Visa, 60 Days or Six Months ? , and what is penalities.

Please help me as i am passing through a severe mental stress.

Thanks in advance.
Sorry to hear your situation.

Gosh! Many people are giving much opinion. But, one thing everyone must understand, about H1B concept. When an employer applies H1B, he accepts lot of condition and obligations s in LCA. The main condition is that employer says that he has employment/offer of job from the dates specified in the LCA. Also, the employer accepts the conditions that under penalty of perjury that he will pay the wage to H1B worker, starting from the date the H1B worker reports for the job in US. There is nothing called “bench” in this process. That means, if employee (you) reported for job, you are actually working for the employer. You can be working for him in his office or at his client site or doing nothing (bench). Unless, employer terminates the employment in writing, you are actually working for him. If he fails to pay salary, it is a federal violation. It is a serious issue for the employer in terms of fine and jail term.

My advice is to contact your employer in writing and explain his obligations under federal law to pay salary for 4 months. Ask him to deposit the salary within 10 days as per LCA wage agreement. If he is asking you to go back, then ask him to provide official termination letter and ticket/fare for return flight. If you do not receive a written letter from him with in 10 days, after you sent the written letter, contact DOL, USCIS in writing with copy of all documents and explain your stress/situation.

As nothing wrong in your side, you are still in status. You can even apply for H1B transfer, if you find another employer offering job. Do not worry about you do not have pay stubs. If they issue RFE in your H1B transfer, you can explain all the above. Keep all in writing and document all. Good luck.
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  #25 (permalink)  
Old 02-19-2009, 02:13 PM
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Quote:
Originally Posted by ariesbkk18 View Post
Hi There,
My employer insisted me to come to US, but after coming in US they could not find a project for me. I have completed my 4 months (2 months in 2008 and 2 months in 2009) here in US, and they have not paid me any salary. Now they are asking me to go back. I have few questions as it is do or die condition for me.

1. Can they file cancellation of my H-1B visa, as they have not given me any salary??
2. Do i have same rights to fights against my employer AFTER they cancel my H1-B as they did not pay me my salary for four months??
3. Is there anyway to transfer my H-1B??
4. What is the max time to stay with an Out Of Status Visa, 60 Days or Six Months ? , and what is penalities.

Please help me as i am passing through a severe mental stress.

Thanks in advance.
Your deliema is unique ... and you are surely getting a lot of advice on this forum.

Please be aware of the fact that lots of the posters don't have un-blemished track record. And they, as I read, are trying to ward you away from doing right thing. The right thing to do is take the matter to lawful conclusion. Those who are advicing you otherwise, don't want too much light on these fradulant practices, as this affects their apple cart. But than their are many of us, who want to get rid of these scumbags. So please report the matter to DOL.

Maybe this whole expereience didn't help you, but it may clear the path for others. think big! and Good luck.
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  #26 (permalink)  
Old 02-19-2009, 02:45 PM
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Nikith77 what would you have done if you were in ariesbkk18 position???

Comeon ariesbkk18, you have nothing to lose.. Go ahead and report this to DOL. If not anything, at least this employer won't screw anyone else..

ariesbkk18, you are already out of status.. reporting the matter to DOL. I personally believe people here are very helpful if you ask for their help (and yes there are bad apples also) but mostly people at DOL will help and guide you.

Go for it man and teach this f****r employer a lesson.


Quote:
Originally Posted by Nikith77 View Post
Dude

Don’t be selfish. Think about all the people who are working for that employer, you will be screwing all of them
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  #27 (permalink)  
Old 02-19-2009, 03:34 PM
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Please check your PM,

thanks
Quote:
Originally Posted by ariesbkk18 View Post
Hi There,
Thanks in advance.
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  #28 (permalink)  
Old 02-19-2009, 05:47 PM
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Quote:
Originally Posted by dammu View Post
HI,
How to file a compliant to DOL?What documents are needed for that?
Usually how long does it take to get the money from employer and become in status again.

Thanks.
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
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  #29 (permalink)  
Old 02-19-2009, 06:04 PM
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Default

Quote:
Originally Posted by ariesbkk18 View Post
Hi There,
My employer insisted me to come to US, but after coming in US they could not find a project for me. I have completed my 4 months (2 months in 2008 and 2 months in 2009) here in US, and they have not paid me any salary. Now they are asking me to go back. I have few questions as it is do or die condition for me.

1. Can they file cancellation of my H-1B visa, as they have not given me any salary??
2. Do i have same rights to fights against my employer AFTER they cancel my H1-B as they did not pay me my salary for four months??
3. Is there anyway to transfer my H-1B??
4. What is the max time to stay with an Out Of Status Visa, 60 Days or Six Months ? , and what is penalities.

Please help me as i am passing through a severe mental stress.

Thanks in advance.
I have punished one of the big IT companey .I got all my salary and paper work from them.Go ahead they will be scared if you have proper documentation of what they are doing.
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  #30 (permalink)  
Old 02-19-2009, 06:24 PM
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Default

Quote:
Originally Posted by Ramba View Post
Sorry to hear your situation.

Gosh! Many people are giving much opinion. But, one thing everyone must understand, about H1B concept. When an employer applies H1B, he accepts lot of condition and obligations s in LCA. The main condition is that employer says that he has employment/offer of job from the dates specified in the LCA. Also, the employer accepts the conditions that under penalty of perjury that he will pay the wage to H1B worker, starting from the date the H1B worker reports for the job in US. There is nothing called “bench” in this process. That means, if employee (you) reported for job, you are actually working for the employer. You can be working for him in his office or at his client site or doing nothing (bench). Unless, employer terminates the employment in writing, you are actually working for him. If he fails to pay salary, it is a federal violation. It is a serious issue for the employer in terms of fine and jail term.

My advice is to contact your employer in writing and explain his obligations under federal law to pay salary for 4 months. Ask him to deposit the salary within 10 days as per LCA wage agreement. If he is asking you to go back, then ask him to provide official termination letter and ticket/fare for return flight. If you do not receive a written letter from him with in 10 days, after you sent the written letter, contact DOL, USCIS in writing with copy of all documents and explain your stress/situation.

As nothing wrong in your side, you are still in status. You can even apply for H1B transfer, if you find another employer offering job. Do not worry about you do not have pay stubs. If they issue RFE in your H1B transfer, you can explain all the above. Keep all in writing and document all. Good luck.
ariesbkk18, this is the perfect route to take
__________________
We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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