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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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  #46 (permalink)  
Old 03-03-2009, 04:29 PM
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Default

dude,

just send one email to your employer something like this,

Hi ####,

As per h1b sponsorship you are supposed to pay me my salary since I am employed for you. If you are not willing to do this, I am going to report you to DOL.

Here is a reference to what will happen if they happen to audit you and find you guilty.
http://www.ice.gov/pi/nr/0902/090212desmoines.htm

.

You know what If i were you i will transfer my h1b to another employer and report them to DOL and get back my money which i was to be paid on h1b.

Dont stop go ahead and file a complaint against such abusers because of such guys all h1bs are getting in to trouble.
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  #47 (permalink)  
Old 03-30-2009, 06:26 PM
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Default Ssn

Did you file for Social Security Number?
If you have it, you can claim the salary from the day you got the number.
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  #48 (permalink)  
Old 03-30-2009, 06:40 PM
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avi_ny will become famous soon enough avi_ny will become famous soon enough
Default Take action and stop chit/chatting

It takes couple of hours to find what your legal options are and what you want to do..

Either: Find a alternate employer and then complain against existing employer.
Or: If you made decision to go back then again complain against existing employer immediately.

In both cases you will certainly get your money back and will certainly make your employer suffer, how much he will suffer it depend on his stars..


Quote:
Originally Posted by ariesbkk18 View Post
Now I understand what i can do, but within these 5 months i have lost my saving, my job, living forced bachelor life, in my home my parents, family are under pressure, and these guys continue putting their shoes on my tail, and same time i am looking for job and "learning" new technologies under extreme pressure.

What are the Penalities impose by DOL and USCIS in such cases??
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  #49 (permalink)  
Old 03-30-2009, 07:03 PM
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Beemar will become famous soon enough Beemar will become famous soon enough
Default cheer up

Just gave u green with cheer up messages.

Don't take this dot game to heart. I have discovered that there is racket on this website, where some guys just give their own group green, and red dots to outsiders to boost their reputation points. These dots are worthless for me.


Quote:
Originally Posted by Nikith77 View Post
this is to the prople who has given me red, Please be realistic. everyone will have good and bad times.
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  #50 (permalink)  
Old 03-30-2009, 07:12 PM
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Beemar will become famous soon enough Beemar will become famous soon enough
Default You are too strong ground to worry.

Friend, you are very very safe. As long as your h1 is valid, you are legally present here. If you don't have any paystubs, that is your comapny's problem. not yours. After all , you never refused to take payment from your company, right? if your company does not pay you then they are committing fraud, not you.

As far as DOL is concerned, you are on the job. Your consulting company is your employer. So the issue as per the US govt is that you have not been paid for 5 months by your company, even though you were employed by them. If you did not explicitly ask for leave from your company, then they owe you 5 moths full salary.

Go after their asses man. You will be surprised how fast you get redress from DOL. Don't worry about your record. You have done nothing illegal to worry about. Labor law enforcement is very tough here.

btw, who is this company anyway?



Quote:
Originally Posted by ariesbkk18 View Post
Hi All,
Thanks for all your suggestions and giving me moral support, which is more than anything for a man without money/job and family.
I am still talking to my employer for this issue but nothing seems to be working.

I am having an employment letter which they issue for immegration purpose and once i landed in US i did not complete any Paper work except they refer me to open my bank a/c and putting 2,000 US$ (Two Thousand USD) for my expense and now they said they will not give me anything.

In btw they try to convey a message that "Do not think of reporting them, they have all the protection and big Lawyers."

I am not able to understand if they can "Protect" themselves as i did not complete any paperwork with them in US except Open a Bank a/c in my name on company address, staying in their Guest house.

Please continue reply as this gives a lot of strenght.
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  #51 (permalink)  
Old 03-30-2009, 07:20 PM
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Default Exactly

Quote:
Originally Posted by Beemar View Post
Just gave u green with cheer up messages.

Don't take this dot game to heart. I have discovered that there is racket on this website, where some guys just give their own group green, and red dots to outsiders to boost their reputation points. These dots are worthless for me.
Seriously, this green and red dots and its meaning sounds completely idiotic. I mean does it even matter.
This is a forum, people will have opinion.

A asked a question, B didnt like. B gives A a red, woohoo.

Jeez. Are we kindergarden here.
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  #52 (permalink)  
Old 03-30-2009, 07:24 PM
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ariesbkk18 is infamous around these parts ariesbkk18 is infamous around these parts
Default What is safe??

Could you let me know, as i got some private messages saying "Going back quietly is safe as i will not be on record and i will not have any problem later."
and if report to DOL i will be on record and future filing of H1B might be problametic.

Please help.

1. current company does not show my employement with them as the do not run payroll for me, so once i leave this country they can say this guy never reported to us. so i will be having problem in justifying 5 months stay here.

2. Will Reporting to DOL help me in future filing of fresh H1B Or entering US??? as i will be on DOL/USCIS Record.

which option is safe???
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  #53 (permalink)  
Old 03-30-2009, 07:36 PM
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Default

Bhai, if you don't complain to DOL, then you are more likely to get into trouble. If you don't get paid and keep quiet about it, then the govt has reason to belive that you obtained your h1 visa fraudulently by paying this company, and you never had any intention of working. They will think that you obtained h1 visa just to enter this country for some other dubious purpose.

Trust me, your only good option is to complain to DOL and CIS, and Equal Employment Opportunity Commission (EEOC). That will at least clear your record. Future h1 visas are more likely to be approved if you play by the rules on this h1, and keep DOL/CIS apprised of your employment status.


Quote:
Originally Posted by ariesbkk18 View Post
Could you let me know, as i got some private messages saying "Going back quietly is safe as i will not be on record and i will not have any problem later."
and if report to DOL i will be on record and future filing of H1B might be problametic.

Please help.

1. current company does not show my employement with them as the do not run payroll for me, so once i leave this country they can say this guy never reported to us. so i will be having problem in justifying 5 months stay here.

2. Will Reporting to DOL help me in future filing of fresh H1B Or entering US??? as i will be on DOL/USCIS Record.

which option is safe???
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  #54 (permalink)  
Old 03-30-2009, 07:38 PM
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Default super GREEN

Quote:
Originally Posted by GCNirvana007 View Post
Seriously, this green and red dots and its meaning sounds completely idiotic. I mean does it even matter.
This is a forum, people will have opinion.

A asked a question, B didnt like. B gives A a red, woohoo.

Jeez. Are we kindergarden here.
for this post and opinion alone, i would give you a thousand green dots (if I could)! :-)
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  #55 (permalink)  
Old 03-30-2009, 07:41 PM
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Beemar will become famous soon enough Beemar will become famous soon enough
Default

Quote:
Originally Posted by ariesbkk18 View Post
Could you let me know, as i got some private messages saying "Going back quietly is safe as i will not be on record and i will not have any problem later."
There are many bodyshoppers infesting this site who will always advise you to keep quiet about your plight. It is in their vested interest that you keep mum. Who knows, this "well wisher" of yours might be your own employer.

Remember, i am not asking you to find a lawyer and file a suit, because I know that will be expensive for you. I am asking you to complain to DOL, which comes free!
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  #56 (permalink)  
Old 03-30-2009, 09:59 PM
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dkjariwala is a jewel in the rough dkjariwala is a jewel in the rough dkjariwala is a jewel in the rough dkjariwala is a jewel in the rough
Default

As everyone else has suggested, you MUST complain to DOL. Legally, your employer is required to pay the salary. If they don't and you don't complain, it could suggest that you are also part of this illegal act your company is trying to pull off. You absolutely have to complain to DOL.

I also understand that you are new to this country and you might find this suggestion bit difficult to implement. My very close friend was in similar situation (the company didn't pay her 8 months of salary.) She complained to DOL and not only she got all the money back but the employer was charge with severe penalty by DOL. Don't confuse Indian Law Enforcement with US Law enforcement. Your employer won't be able bribe anyone at USCIS and DOL to screw you up. In case you want to talk, leave me a PM and I can share my contact details.

Good luck and let us know how it goes.
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Last edited by dkjariwala; 03-30-2009 at 10:00 PM. Reason: Spelling Correction.
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  #57 (permalink)  
Old 04-01-2009, 04:15 PM
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ariesbkk18 is infamous around these parts ariesbkk18 is infamous around these parts
Default Thanks for your help

Sorry Guys,

I got a project with the help of a contact.

The problem is resolved now..........no need to go in any issues now......just continue earning.

It been quite hard time but i learned to survive and learned a lot of new technologies.....due to which i could get a big client.

Thanks to you guys for all your help.

Have patience it will help you in difficult time.

I will be at peace now.
Take Care and Bye
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  #58 (permalink)  
Old 04-01-2009, 04:22 PM
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Default Things to do

Quote:
Originally Posted by senthil1 View Post
For Cancelling H1b USCIS will not ask any question.
You can complain to DOL and DOL may make them to pay your wages. In that case you will become in status and you can apply a H1b transfer.
You need to do these to be in status and in country
1. File a formal complaint about your employer to DOL.
2. Find a trusted employer who can get you job and trasfer H1B (Include the complaint to DOL in the new H1B transfer, which suggests u r working but did not get paid, that way they cant deny ur trasfer)
3. Relax and enjoy, as u get money for doing nutting for 5 months.
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