Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Non-Immigrant Visas
Click to log in with Facebook
Non-Immigrant Visas All Non Immigrant Visas - B/H/F/J...

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 03-19-2007, 11:28 AM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default TATA's motion to dismiss case declined

http://www.lieffcabraser.com/pdf/200...tata-order.pdf

TATA's motion to dismiss case to Indian court based on signed Bond
agreement declined
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 03-19-2007, 12:20 PM
Senior Member
Priority Date
:
May-02
Category
:
EB2
I140 Mailed Date
:
04/15/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
04/15/2007
Compare
Join Date: Jan 2006
Posts: 641
GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold GCwaitforever is a splendid one to behold
Default

Real good one. You should read it fully to appreciate the beuaty of it.

Summary for the lazy ones:

1. TATA tried to apply provisions from an agreement from 1997, which expired by 1999, all the way to 2007. Judge Vaughn wisely did not think so and threw the argument away.

2. The US deputation bond had all the conditions on earth for the employee to follow and nothing for TATA. Judge Vaughn did not consider this as mutual assent agreement and declared this as non-enforceable.

3. Employee is suing for the outrageous $25,000 tax refund of employee pocketed by TATA, non-payment of wages as stated in employment agreement and this is going to trial, not TATA-favored arbitration.
__________________
PD May 2002/EB2/India, GC approved on 05/08/2008
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 03-19-2007, 12:29 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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
Default

What justifices TCS to hold Tax Returns from Employees?

I was under the impression that Tax returns are filed by the employee based on his w2 and any refunds can be a direct deposit or a check on name of employee.

How does TCS actually do it?

This is cheap cheap cheap
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 03-19-2007, 12:36 PM
Senior Member
Priority Date
:
Jan-03
Category
:
EB2
I140 Mailed Date
:
01/01/2001
Chargeability
:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2001
Compare
Join Date: Feb 2006
Posts: 115
xbohdpukc is on a distinguished road
Default

nice reading... The bad thing however is that this probably won't have any consequences for TATA beyond wage and tax repayment.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 03-19-2007, 12:42 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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
Default

Yeah, and I guess the legal departments and legal fees that Tata pays could be more than the lawsuit amount by itself.

What is the motive behind Tata's cheap behaviour of stealing employee's taxreturns? There must be a proper reasoning for that.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 03-19-2007, 12:43 PM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by xbohdpukc
nice reading... The bad thing however is that this probably won't have any consequences for TATA beyond wage and tax repayment.
It is becoming a class action lawsuit.
In case of H1B...you get black list from the H1b program for 2 years or so
and even that in the H1B petition you have to check "willful violater"
in the labor filing for H1B.
There are fines as well on top of wages.

Most important there has be an example for other indian vendors not to misuse. It has become a race to the bottom in abusing the H1B system
and it needs to be stopped.

http://www.lieffcabraser.com/lawsuitagainsttata.htm

the law firm is asking others to join the class action lawsuit
previous employees of TCS way back to 2000

Last edited by go_guy123; 03-19-2007 at 12:50 PM.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 03-19-2007, 12:52 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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
Default

Quote:
Originally Posted by go_guy123
It is becoming a class action lawsuit.
In case of H1B...you get black list from the H1b program for 2 years or so
and even that in the H1B petition you have to check "willful violater"
in the labor filing for H1B.
There are fines as well on top of wages.

Most important there has be an example for other indian vendors not to misuse. It has become a race to the bottom in abusing the H1B system
and it needs to be stopped.
How effective can it be? It is a fact that, big companies get away with anything. They have money, resources, lobbying power ..............
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 03-19-2007, 02:47 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: May 2006
Posts: 260
vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of
Default

Even other consulting companies like Patni hold Tax refunds from their employees. Their reasoning is that-Employer didn't withheld correct amount of money and hence employee is getting money back.
Yes, they engage in such unscrupulous activities. These companies won't even send W-2 to employees.
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 03-19-2007, 03:02 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2006
Posts: 4,194
Blog Entries: 1
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
Default

Quote:
Originally Posted by vikki76
Even other consulting companies like Patni hold Tax refunds from their employees. Their reasoning is that-Employer didn't withheld correct amount of money and hence employee is getting money back.
Yes, they engage in such unscrupulous activities. These companies won't even send W-2 to employees.
So employer actually witheld more taxes on employee's regular pay checks and at the time of filing taxes they manage to collect their employee tax returns and keep them??????

I am surprised people actually give into that kinda stuff.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 03-19-2007, 06:26 PM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by chanduv23
How effective can it be? It is a fact that, big companies get away with anything. They have money, resources, lobbying power ..............

Blatant voilation are always cracked down. Remember Infosys
did have to shell out 4 million for the sexual harrasment case.

Nowdays big Indian IT companies dont even try to enforce the
bond if you leave.
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 03-19-2007, 06:28 PM
Senior Member
Priority Date
:
N/A
Category
:
EB1C
I140 Mailed Date
:
12/25/2013
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
12/25/2013
Compare
Join Date: Dec 2006
Posts: 1,051
go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute go_guy123 has a reputation beyond repute
Default

Quote:
Originally Posted by chanduv23
So employer actually witheld more taxes on employee's regular pay checks and at the time of filing taxes they manage to collect their employee tax returns and keep them??????

I am surprised people actually give into that kinda stuff.

Yes exactly thats what they do. On paper they show high salary
but effectively they reduce the salary.
Indian companies abuse the system big time and thats why we are
in this mess.
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 03-19-2007, 06:28 PM
Junior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
01/25/2007
Chargeability
:
Nepal
Processing Stage
:
I485 Mailed Date
:
06/04/2007
Compare
Join Date: Jul 2006
Posts: 13
TempWorker is on a distinguished road
Default

[So employer actually witheld more taxes on employee's regular pay checks and at the time of filing taxes they manage to collect their employee tax returns and keep them??????

I am surprised people actually give into that kinda stuff.
]

This is nothing new! In consulting business, desi companies exploit H1b holders in ways you cannot imagine! It may seem outrageous to some but then you shouldnt forget the fact that they do this because they can. There are many people who would be willing to sign any contract or bear any kind of non-sense from employers just because they want to come and work in US. In other words, even if TCS is indicted and punished in this case, this wont deter other companies from doing it in future.

Another aspect of this is ignorance on part of employees regarding the law (be it tax law, immigration law or labor law). Employer tries to restrict as much information as possible and keeps the employee in the dark.

Hope plaintiff wins the case. It will be an eye opener for many.
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 03-19-2007, 06:29 PM
Super Moderator
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2006
Posts: 1,535
paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute
Default explain

i do not understand this.

tax returns are filed by individuals
the employer HAS TO provide a W-2
you can defer filing areturn if an employer has not provided it to you
therefore returns also come to individuals
not to employers.
how can someone file your tax returns and get you refund- this is impossible!
__________________
Not a lawyer clearly- far from it!
iv-mn-mw: The MN State IV Chapter
iv-physicians:The IV Chapter for Physicians

To be a star, you must shine your own light, follow your own path, and not worry about the darkness, for that is when the stars shine brightest!
Don't be afraid to try something new, remember amateurs built the ark and professionals the Titanic!
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 03-19-2007, 06:31 PM
Donor
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
09/20/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Jul 2006
Posts: 125
YesGC_NoGC is a splendid one to behold YesGC_NoGC is a splendid one to behold YesGC_NoGC is a splendid one to behold YesGC_NoGC is a splendid one to behold YesGC_NoGC is a splendid one to behold YesGC_NoGC is a splendid one to behold
Question Can't believe it !!

How do they do it or How can they ?? That too names like TCS/Patni can't belive it, they will screw teh the Indian reputation.
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 03-19-2007, 06:43 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
Compare
Join Date: Jan 2006
Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by paskal
i do not understand this.

tax returns are filed by individuals
the employer HAS TO provide a W-2
you can defer filing areturn if an employer has not provided it to you
therefore returns also come to individuals
not to employers.
how can someone file your tax returns and get you refund- this is impossible!
I wonder how they fill tax retruns on behalf of employees w/o giving w2. Each persons personal and tax situation varies depending upon number of excemptions. Are TCS employees required to give SSN/ITIN numbers of their dependets to the company? Are they required to show the bank statement or property information to their employer? For example, if a employee has 4 or 5 dependents, he may not required to pay even a dime as a income tax based on childtax credits. How they manage that? Are they getting all the tax refunds to put it in TCS pocket? My lord! No wonder why they are in top 10 earning companies in India.

Last edited by Ramba; 03-19-2007 at 07:04 PM.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion to open I-485 rsanghvi Work/Travel options after 485 : H1 Versus EAD/AP 4 08-25-2010 12:31 PM
Motion to Dismiss arun397 FBI namecheck delays and Writ of Mandamus 27 01-09-2008 12:19 AM
Motion to reopen chamakuri Non-Immigrant Visas 5 11-08-2007 12:35 AM
Mandamus -responding To The Government’s Motion To Dismiss sss9i Non-Immigrant Visas 1 09-27-2007 09:29 AM



All times are GMT -4. The time now is 09:08 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org