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  #16 (permalink)  
Old 07-02-2008, 10:50 AM
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It looks like, in many cases, employees are ready to put up with the crap due to some reason or the other but come to IV and complain because they want to vent out their frustration and organizations like IV is the sweet old mom who will hug anyone who needs support and they feel the comfort and warmth under IVs arms.
Where else can they go? Not AILA offcourse, not Compete America, not ALIPAC , nor their lawyers, cannot discuss with friends or coworkers - everyone is looking out for themselves and will not bother about other's issues (unfortunately thats how people are)

So many people come here to see if they find some solace - if IV starts a new initiative to help thewse people out - will they come out of their shadows and utilize the services?
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  #17 (permalink)  
Old 07-02-2008, 12:17 PM
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Default My take

Here is what I guess people are scared of

Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
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  #18 (permalink)  
Old 07-02-2008, 12:43 PM
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I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
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  #19 (permalink)  
Old 07-02-2008, 01:21 PM
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I completely agree with you. The best thing the forum can do for such people is to educate them and the best way to do that is with case studies of what situation were people in and how they fought back. It easy to tell people to take the plunge, any one will hesitate to jump into darkness.

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Originally Posted by pappu View Post
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
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  #20 (permalink)  
Old 07-02-2008, 02:12 PM
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Nobody is complaining because everybody has the attitude, "Let somebody else do it, I will reap the benefits". It it the like, "Why should I pay IV when everybody else is paying it; I should just get free advice".

I & my colleague filed a complaint against our ex-employer early this year and the DOL W&H said they will work on our case in then next 3 months; they are currently working on cases filed in the last quarter of 2007. The reason why I filed a complaint was not because I need the money he owes me but because he exploits every employee and I wanted to bring him out in the open (will post the outcome once DOL does something about it). "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi

The fact is, as long as the employer knows he can get away with shit they will continue to break rules. Now that ICE is cracking down on er's hiring illegal immigrants you will see that er's will stop hiring them. I think the reason why we cannot get our much deserved provisions passed in the house and congress is because of the fact that today lots of US Citizens and Green Card holders are loosing their job to the people who are illegally present in the U.S. I don't beleive in shit, "Employer's cannot find U.S. workers". The fact is that employer's are not willing to pay workers the wages they deserve. Imagine one hour of Federal wage today after taxes will only get you 1 gallon of gas.

The employers are happier to hire illegals as they can pay them shit wages, they don't have to pay er's contribution of social security wages, no er's contribution of state taxes, no Medicare tax, no workers compensation. Just imagine wont we be annoyed if we can't find a job in India because Nepali or Bangladeshi (no disrespect to these countries) illegal migrants are talking our jobs away from us by working for lower wages.

Sorry for all this rant; I am tired of waiting for GC for the last eight years and am tired of people sitting on their dump xxx hoping somebody will fight for their cause and they will get to reap the benefit. As to somebody's comment about India being a colony for 150 years, do you think it would have happened if everybody had revolted one fine day (every single human being) against the Britishers? I guess everybody must be thinking, why should I get by axx kicked when my neighbour is doing it for me.

Last edited by Humhongekamyab; 07-02-2008 at 02:15 PM.
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  #21 (permalink)  
Old 07-02-2008, 02:42 PM
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Quote:
Originally Posted by Humhongekamyab View Post
Nobody is complaining because everybody has the attitude, "Let somebody else do it, I will reap the benefits". It it the like, "Why should I pay IV when everybody else is paying it; I should just get free advice".

I & my colleague filed a complaint against our ex-employer early this year and the DOL W&H said they will work on our case in then next 3 months; they are currently working on cases filed in the last quarter of 2007. The reason why I filed a complaint was not because I need the money he owes me but because he exploits every employee and I wanted to bring him out in the open (will post the outcome once DOL does something about it). "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi

The fact is, as long as the employer knows he can get away with shit they will continue to break rules. Now that ICE is cracking down on er's hiring illegal immigrants you will see that er's will stop hiring them. I think the reason why we cannot get our much deserved provisions passed in the house and congress is because of the fact that today lots of US Citizens and Green Card holders are loosing their job to the people who are illegally present in the U.S. I don't beleive in shit, "Employer's cannot find U.S. workers". The fact is that employer's are not willing to pay workers the wages they deserve. Imagine one hour of Federal wage today after taxes will only get you 1 gallon of gas.

The employers are happier to hire illegals as they can pay them shit wages, they don't have to pay er's contribution of social security wages, no er's contribution of state taxes, no Medicare tax, no workers compensation. Just imagine wont we be annoyed if we can't find a job in India because Nepali or Bangladeshi (no disrespect to these countries) illegal migrants are talking our jobs away from us by working for lower wages.

Sorry for all this rant; I am tired of waiting for GC for the last eight years and am tired of people sitting on their dump xxx hoping somebody will fight for their cause and they will get to reap the benefit. As to somebody's comment about India being a colony for 150 years, do you think it would have happened if everybody had revolted one fine day (every single human being) against the Britishers? I guess everybody must be thinking, why should I get by axx kicked when my neighbour is doing it for me.
Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.

Last edited by pappu; 07-02-2008 at 02:45 PM.
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  #22 (permalink)  
Old 07-02-2008, 02:51 PM
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Default I will post my exp. later in the day

^^^

Quote:
Originally Posted by pappu View Post
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
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  #23 (permalink)  
Old 07-02-2008, 03:16 PM
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Default

Quote:
Originally Posted by pappu View Post
Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.

The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigrati...ulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm

When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.
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  #24 (permalink)  
Old 07-02-2008, 03:27 PM
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Quote:
Originally Posted by Humhongekamyab View Post
Filing the complaint is the easiest thing that I have done in a long time. As I had lots of written evidence so it took me close to 30 minutes to prepare the everything but normally it should take no more than 10 minutes. The DOL, Wage and Hour division, takes care of all the such complaints and the identity of the filer is kept confidential to the fullest extent provided by law.

The Form for instructions for filling the complaint & the form is available at http://www.dol.gov/esa/whd/forms/fts_wh4.htm list of H-1B willful violators is available at http://www.dol.gov/esa/whd/immigrati...ulViolator.htm and the list of debarred employer's is http://www.dol.gov/esa/whd/immigration/H1BDebarment.htm

When I filed a complaint, I sent the whole package via FedEx. I waited for few weeks to hear from DOL but when nothing happened I went to their office (they are few blocks away from me). I spoke with an investigator (who was very professional and courteous) who told me that even though FedEx shows the package was delivered they cannot locate it. The investigator asked me to resubmit the package which I did the next day. I received a letter from the DOL after 2 weeks saying my complaint has been received; they even assigned me a complaint number which I can use to track the progress of the complaint by calling their office. The DOL combined mine and my coworker's complaint together and assigned both of us the same complaint number; my coworker filed his complaint few days after I had filed mine.

What exactly happens to them?
Are they under a watch list?
Many employers will open up a new company and operate?
Maybe employers are ready to deal with this ????
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  #25 (permalink)  
Old 07-02-2008, 03:32 PM
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Default Go to DOL and USCIS rather a lawsuit

Quote:
Originally Posted by pappu View Post
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.

If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.

If any one needs info how to proceed send me a PM
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  #26 (permalink)  
Old 07-02-2008, 03:33 PM
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Default

Quote:
Originally Posted by pappu View Post
Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.
I have not been able to get even one personal friend participate in IV or donate to IV though they are enjoying AC21 benefits and work done by IV. Whenever I speak about IV they get angry and discourage further talk. They talk about EAD traacking, etc.... but are tight lipped when we talk about IV. Some stopped talking to me and say "it is because of IV" . Some say, "we do not believe in IV" but hideously visit IV website anonymously. It is nothing but hypocracy.
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  #27 (permalink)  
Old 07-02-2008, 03:34 PM
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Default

Quote:
Originally Posted by Humhongekamyab View Post
Nobody is complaining because everybody has the attitude, "Let somebody else do it, I will reap the benefits".
With due respects, dude, this is one thing an individual should fight for himself, how will some other employee benefit if you sue your employer and win?..

Quote:
Originally Posted by Humhongekamyab View Post
The employers are happier to hire illegals as they can pay them shit wages, they don't have to pay er's contribution of social security wages, no er's contribution of state taxes, no Medicare tax, no workers compensation. Just imagine wont we be annoyed if we can't find a job in India because Nepali or Bangladeshi (no disrespect to these countries) illegal migrants are talking our jobs away from us by working for lower wages.
I do not think small time bad desi employers are hiring illegals. They are doing everything right as per law, it is just that the law is in favor of the employers and the immigration delays further gives them leeway to try their dirty tricks.

Having said that, I appreciate your post informing affected employees on how to file a case. It will be useful for people who have a case against their employers. Please keep us posted on the outcome, I am sure it will motivate a lot of us.
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  #28 (permalink)  
Old 07-02-2008, 03:36 PM
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Default

Quote:
Originally Posted by natrajs View Post
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.

If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.

If any one needs info how to proceed send me a PM
Were they affected by your complaint? I guess they know and are ready to face these things.
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  #29 (permalink)  
Old 07-02-2008, 03:42 PM
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Quote:
Originally Posted by NKR View Post
With due respects, dude, this is one thing an individual should fight for himself, how will some other employee benefit if you sue your employer and win?..



I do not think small time bad desi employers are hiring illegals. They are doing everything right as per law, it is just that the law is in favor of the employers and the immigration delays further gives them leeway to try their dirty tricks.

Having said that, I appreciate your post informing affected employees on how to file a case. It will be useful for people who have a case against their employers. Please keep us posted on the outcome, I am sure it will motivate a lot of us.
Buddy when I was talking about illegals I was not talking about IT jobs or desi employers though I know desi's run lots of other businesses like grocery store, resturants, which required non-professional workers.

If the employer see ICE/DOL taking action against another employer and making an example out of it s/he will think twice about doing the same thing. Look at what happened with Fragomen. Though it is too early to say if Fragomen was involved in wrong doing, I am sure other immigration firms are already reviewing their procedure/guidance to make themselves compliant with the law/procedure.
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  #30 (permalink)  
Old 07-02-2008, 03:44 PM
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Quote:
Originally Posted by natrajs View Post
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.

If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.

If any one needs info how to proceed send me a PM
Good job buddy.

This is a good option-to sue your employer but if you want a free attorney then let DOL W&H division do that job for you. Their officers will audit the employer and will check their records for the last 5 years and will also fine them.
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