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  #1 (permalink)  
Old 01-19-2012, 02:29 PM
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Default Desi Company withholding pay, not providing experience letter!

Hi All,

My GC saga continues with more twists and turns. I had posted on this forum regarding my porting and I140 situation couple months ago. So, let me brief up long story in short lines.

I worked for a consulting company for 5.4 years ( had my GC filed under EB3, ofcourse I paid for all H1b extensions, GC process and found my own client project throughout) and now I have moved on to another company who is starting my GC in EB2.

So, the problem here is, inspite of my multiple requests my Ex- employer is giving me a run for my experience letter and is with holding my last month pay saying "I can't pay you until Client Pays me". I have gone through a lot to get to this point, had to fight to get a copy of my I140 and now he is again giving me a hard time. It's a small company and I have no idea about other employees of his. He really pushed my button today when I called him. He was very rude, disrespectful, unprofessional and inconsiderate of me and my requests and I couldn't take it any more and I told him that I would report this to DOL and will have a notice served by my attorney. After hearing this, he said he would send all my documents by next week, but did not mention anything about the pay.

I really wanted to solve things amicably but, he really makes it so difficult for me every single time. Any suggestions of how I should handle this going forward? anyone who faced a similar situation? Appreciate your experiences.

Regards,
Nats
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  #2 (permalink)  
Old 01-19-2012, 03:46 PM
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I would recommend you to talk to your colleague(s) / manager(s) at the client's site(s), and request them to provide you with affidavit(s) stating that you worked with them in the past(/recent times).

The affidavit needs to ideally detail
1. the dates through which you worked at the client's site(s)
2. the nature of employment - mention that you were subcontracted through your company - ABC
3. the skill set utilized on the project(s), along with the projects you worked on
4. all of the important modules, providing some roles & responsibilities

Also, mention that they are providing this letter, because your employer is not willing to provide you with an experience letter / proof of employment; after repeated requests.

It would be nice to have this letter from someone, who is still with that client's company(s). However, if there's none around, I believe anyone who worked with you in the team, who is willing you with the situation could also provide the affidavit.

I was in the same boat couple of years, and got an affidavit done, which worked for me for my I-140 application. If you need any help, PM me.
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  #3 (permalink)  
Old 01-19-2012, 03:52 PM
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Forgot to talk about the pay., mention it to him that you would report it to DoL. If he doesn't respond back to you, I would report the scenario to DoL; so that he doesn't bother someone else like you; before he bellies out with the current company name.

At least my employer was such an idiot that he spoiled people career(s) and then bellied out, so that he could file for bankruptcy. In my case, I reported to DoL( but took a little time, before I do... around 6 months); but the company did not exist anymore by that time.
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  #4 (permalink)  
Old 01-19-2012, 07:32 PM
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Such problems happen not because of employers alone, but also because of employees who choose not to speak up. Such problems must be reported to department of labor and if needed employers dragged to courts. Many small time employers will be scared with court notices. Big employers will fear negative publicity such cases bring. These sweatshops are anyways having a hard time getting visas these days due to tight scruitny. Each one of us need to speak out against abuse, exploitation and fraud committed in the immigration system. Weeding out bad Apples is important to have a clean immigration system and bring in the best and the brightest skilled immigrants that market needs.
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  #5 (permalink)  
Old 01-20-2012, 12:21 PM
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First show him the stick of DOL to get the experience letter. Once you have that, use the stick (report to DOL)
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  #6 (permalink)  
Old 01-20-2012, 02:47 PM
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Quote:
Originally Posted by pappu View Post
Such problems happen not because of employers alone, but also because of employees who choose not to speak up. Such problems must be reported to department of labor and if needed employers dragged to courts. Many small time employers will be scared with court notices. Big employers will fear negative publicity such cases bring. These sweatshops are anyways having a hard time getting visas these days due to tight scruitny. Each one of us need to speak out against abuse, exploitation and fraud committed in the immigration system. Weeding out bad Apples is important to have a clean immigration system and bring in the best and the brightest skilled immigrants that market needs.
Pappu and friends - hope you are doing great. I am not aware of the current situation but I am seeing a lot of new consulting companies coming up these days, it seems like market has picked up.

I have posted this many times in the past. I don't think IV can help someone with these kind of issues. Now, when it comes to payroll issues - they do run the payroll but withhold the checks - I have seen some employers doing that.

If companies are still doing these things, the best thing is to make it mandatory for work visa beneficiaries to make the employer sign a oath that not paying is illegal and can be reported. I guess IV can take it up with the next USCIS meeting where a beneficiary has the whistle blower protection and also immunity from visa cancellation and maybe allowed to seek another job if he/she reports a non paying employer.
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  #7 (permalink)  
Old 01-20-2012, 03:16 PM
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chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute chanduv23 has a reputation beyond repute
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Quote:
Originally Posted by pappu View Post
Such problems happen not because of employers alone, but also because of employees who choose not to speak up. Such problems must be reported to department of labor and if needed employers dragged to courts. Many small time employers will be scared with court notices. Big employers will fear negative publicity such cases bring. These sweatshops are anyways having a hard time getting visas these days due to tight scruitny. Each one of us need to speak out against abuse, exploitation and fraud committed in the immigration system. Weeding out bad Apples is important to have a clean immigration system and bring in the best and the brightest skilled immigrants that market needs.
Pappu and friends - hope you are doing great. I am not aware of the current situation but I am seeing a lot of new consulting companies coming up these days, it seems like market has picked up.

I have posted this many times in the past. I don't think IV can help someone with these kind of issues. Now, when it comes to payroll issues - they do run the payroll but withhold the checks - I have seen some employers doing that.

If companies are still doing these things, the best thing is to make it mandatory for work visa beneficiaries to make the employer sign a oath that not paying is illegal and can be reported. I guess IV can take it up with the next USCIS meeting where a beneficiary has the whistle blower protection and also immunity from visa cancellation and maybe allowed to seek another job if he/she reports a non paying employer.
__________________
Greened on September 10th, 2010
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  #8 (permalink)  
Old 01-20-2012, 04:40 PM
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natasha_reddy has a spectacular aura about natasha_reddy has a spectacular aura about
Default

Quote:
Originally Posted by khasibhatla View Post
I would recommend you to talk to your colleague(s) / manager(s) at the client's site(s), and request them to provide you with affidavit(s) stating that you worked with them in the past(/recent times).

The affidavit needs to ideally detail
1. the dates through which you worked at the client's site(s)
2. the nature of employment - mention that you were subcontracted through your company - ABC
3. the skill set utilized on the project(s), along with the projects you worked on
4. all of the important modules, providing some roles & responsibilities

Also, mention that they are providing this letter, because your employer is not willing to provide you with an experience letter / proof of employment; after repeated requests.

It would be nice to have this letter from someone, who is still with that client's company(s). However, if there's none around, I believe anyone who worked with you in the team, who is willing you with the situation could also provide the affidavit.

I was in the same boat couple of years, and got an affidavit done, which worked for me for my I-140 application. If you need any help, PM me.
Hi Kashi, Thanks so much for the info.
Since I do not know anyone other than that guy from my ex-company, I will have my client manager issue my experience letter.

Also, I somehow managed to get an experience letter 5 months ago (accounts for 4.10 yrs of exp) for my visa stamping purpose and it states my Joining date, Job title and Job duties performed ( Only thing is, it's addressed to the consulate). In addition I have another employment verification letter issued by him( this does not have job duties) last month for some loan purpose. Do you think all these are sufficient for my I140? Will I still need an experience letter from client?


Thanks,
Nats
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  #9 (permalink)  
Old 01-20-2012, 04:57 PM
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khasibhatla is a glorious beacon of light khasibhatla is a glorious beacon of light khasibhatla is a glorious beacon of light khasibhatla is a glorious beacon of light khasibhatla is a glorious beacon of light
Default Employment Verification Letter/Affidavit

I sent you a private message. Please check it & let me know.

Quote:
Originally Posted by natasha_reddy View Post
Hi Kashi, Thanks so much for the info.
Since I do not know anyone other than that guy from my ex-company, I will have my client manager issue my experience letter.

Also, I somehow managed to get an experience letter 5 months ago (accounts for 4.10 yrs of exp) for my visa stamping purpose and it states my Joining date, Job title and Job duties performed ( Only thing is, it's addressed to the consulate). In addition I have another employment verification letter issued by him( this does not have job duties) last month for some loan purpose. Do you think all these are sufficient for my I140? Will I still need an experience letter from client?


Thanks,
Nats
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