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  #1 (permalink)  
Old 05-08-2008, 12:31 AM
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MN007 is infamous around these parts MN007 is infamous around these parts MN007 is infamous around these parts MN007 is infamous around these parts
Angry Desi Employer not paying salary !!!!!!!!

I worked for a desi consulting company "A" based in Minneapolis from Dec 07 to March 08. I recently joined company "B" by giving one month notice to company "A" as per the conditions specified in the offer letter. But when I asked for my last two months pay,he is refusing to pay my salary(which is more than $10,000). The reason he said for not paying the salary was that I didn't inform the client about my departure.But for that, I got a letter from the cilent saying that I did inform them and I completed my job as per their satisfaction. Even after this , he is not paying my salary. He didn't incur even a single penny to employ me because I paid $3000 for processing my H1.

Please advice me what can I do to get my salary.

Thank you all
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  #2 (permalink)  
Old 05-08-2008, 12:41 AM
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alwayson is just really nice alwayson is just really nice alwayson is just really nice alwayson is just really nice
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I had a similar situation back in 2002. My employer did not want to pay me because I was joining the Client. I was with the consulting firm for 2 years. I tried very hard to close this issue but he never agreed. Finally I tolh him that I will file a complaint with INS that he is not paying me the salary, he immediately agreed to pay me. You have to be strong against such suckers.
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  #3 (permalink)  
Old 05-08-2008, 12:56 AM
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perfectly said by alwayson.
You need to be strong and draft a letter to INS and forward to him as final warning.
If he is still not listening, go ahead and you should give a complaint.
Its your money, i think legally he should bear H1B amount. You can claim this too.

All the best
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  #4 (permalink)  
Old 05-08-2008, 01:32 AM
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Default Its illegal

Quote:
Originally Posted by walker15 View Post
perfectly said by alwayson.
You need to be strong and draft a letter to INS and forward to him as final warning.
If he is still not listening, go ahead and you should give a complaint.
Its your money, i think legally he should bear H1B amount. You can claim this too.

All the best
What your employer doing is completely illegal. He can not charge you for H1 processing.

1. Do you have any evidence for that. Like copy of the check or bank statement.
2. Send him a final warning You are going to complain to DHS and DOL if he is not giving salary and H1 processing fee.
3. If he is not paying any attention...just call DHS/DOL and give complete details.
4. They will investigate and get your money. Your employer will be in big trouble. All his future H1 application will be denied. He will pay huge penalty for violation of law.

Let me know if you need more information.

Thanks,
Snathan.
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# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

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  #5 (permalink)  
Old 05-08-2008, 01:48 AM
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MN007 is infamous around these parts MN007 is infamous around these parts MN007 is infamous around these parts MN007 is infamous around these parts
Thumbs up Question

Thank you all for the response...I do have the contact number for local DOL.
But, how do I contact INS regarding this issue ? Is anyone aware of an email id or telephone number to contact them? I searched the entire USISC website, but I couldn't find it. Any help would be greatly appreciated.
Thank you all.
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  #6 (permalink)  
Old 05-08-2008, 10:00 AM
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Default DOL is enough

Quote:
Originally Posted by MN007 View Post
Thank you all for the response...I do have the contact number for local DOL.
But, how do I contact INS regarding this issue ? Is anyone aware of an email id or telephone number to contact them? I searched the entire USISC website, but I couldn't find it. Any help would be greatly appreciated.
Thank you all.
I guess DOL is enough. Report to them and they will take care.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #7 (permalink)  
Old 05-08-2008, 10:19 AM
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FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of FinalGC has much to be proud of
Cool

I had a similar case.....Make sure you have all documentation of last pay stubs. You should have proof to show gaps in pay stubs, like bank statement.

Tell your current employer to give the money within a defined period of time, otherwise you will be forced to complaint to DOL. This will give him the time to pay you and prevent you from reporting to DOL. Tell him all the documents that you have to report, which will give him proof that you are serious. Also tell that the $3000 of H1 fees that he forced u to pay was also illegal. Make sure you send all this in written format, either email or printed document, with some proof of certified mail.....which will act as proof for your documentation purposes.

Tell him, to pay at least the salary for 2 months, otherwise you will be forced to report. Give him a 2 week notice....make sure you get a bankers check or money order from him...so that you know you received the money.

Also tell him, you need a letter of experience for the period you worked for, along with the money....This will help you for the GC application too in the future.

My ex-employer did the same to me....In a gentle manner, i told him he was doing stuff illegally and made sure all my communication with him was documentated. He gave me my 11k along with letter of experience, exactly the way I drafted it for my GC application, which i used for my 140 application and got approval in 2006.

The key is to keep calm and not get angry. Be stern and give all the details as I have mentioned above to this employer. You will get your money back.

PM me if you need more guidance....

Last edited by FinalGC; 05-08-2008 at 10:21 AM.
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  #8 (permalink)  
Old 05-08-2008, 10:32 AM
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hasil is a jewel in the rough hasil is a jewel in the rough hasil is a jewel in the rough
Default Law

My employer did the same thing in Feb. I sent him 4 emails with request to deposit my salary. In 5 th email i sent him the below link which says that final amount should be cleared within 14 days after leaving the job. Its Ky law as i was based in Ky. I also mention i am planning to go to Lawyer.

http://www.lrc.state.ky.us/KRS/337-00/055.PDF

Good Luck men...
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  #9 (permalink)  
Old 05-08-2008, 10:38 AM
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Read this
http://immigrationvoice.org/forum/sh...86&postcount=4

and this
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf

Send a letter to your employer via certified mail saying that it's a violation of existing laws. Cite laws mentionted above.
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If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
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  #10 (permalink)  
Old 05-08-2008, 11:48 AM
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Complaint to labor department
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  #11 (permalink)  
Old 05-08-2008, 12:15 PM
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Keep us posted about your situation as it will help people with same problem. And all the best to u . Be Strong
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  #12 (permalink)  
Old 05-08-2008, 03:00 PM
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Default

Quote:
Originally Posted by MN007 View Post
I worked for a desi consulting company "A" based in Minneapolis from Dec 07 to March 08. I recently joined company "B" by giving one month notice to company "A" as per the conditions specified in the offer letter. But when I asked for my last two months pay,he is refusing to pay my salary(which is more than $10,000). The reason he said for not paying the salary was that I didn't inform the client about my departure.But for that, I got a letter from the cilent saying that I did inform them and I completed my job as per their satisfaction. Even after this , he is not paying my salary. He didn't incur even a single penny to employ me because I paid $3000 for processing my H1.

Please advice me what can I do to get my salary.

Thank you all

File a complaint with W&H http://www.dol.gov/esa/whd/
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  #13 (permalink)  
Old 05-08-2008, 03:02 PM
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Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all
Default

I was looking at wilfull violator list http://www.dol.gov/esa/whd/immigrati...ulViolator.htm and saw an immigration law firm listed there. Any idea what happened?

I am really sad to see that most of the wilfull violators and/or debarred employers are the companies that are owned by immigrants. It is really a shame.

Last edited by Humhongekamyab; 05-08-2008 at 03:04 PM.
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  #14 (permalink)  
Old 05-08-2008, 03:39 PM
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Default

Quote:
Originally Posted by MN007 View Post
I worked for a desi consulting company "A" based in Minneapolis from Dec 07 to March 08. I recently joined company "B" by giving one month notice to company "A" as per the conditions specified in the offer letter. But when I asked for my last two months pay,he is refusing to pay my salary(which is more than $10,000). The reason he said for not paying the salary was that I didn't inform the client about my departure.But for that, I got a letter from the cilent saying that I did inform them and I completed my job as per their satisfaction. Even after this , he is not paying my salary. He didn't incur even a single penny to employ me because I paid $3000 for processing my H1.

Please advice me what can I do to get my salary.

Thank you all
So have you decided to file a complaint? By the way this "company B" is the direct client of "company A - exploiter" ?
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  #15 (permalink)  
Old 05-08-2008, 04:12 PM
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viv24 is on a distinguished road
Wink if want i could give reference to lawyer

I was in similar situation about year back, he was giving my salary but not my H1 documents, i contacted and hired lawyer, got my paper some compensation if you want i could give his phone and addre ss send me your email id.
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