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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 08-14-2008, 04:35 PM
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Default HELP! trouble with employer!

I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
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  #2 (permalink)  
Old 08-14-2008, 04:38 PM
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Quote:
Originally Posted by rahulpatel View Post
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Fill this form http://www.dol.gov/esa/whd/forms/wh-4.pdf

and submit at local DOL office
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  #3 (permalink)  
Old 08-14-2008, 04:57 PM
sc3 sc3 is offline
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Default

Quote:
Originally Posted by rahulpatel View Post
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Are you on H1? OR are you a PR or USC??
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  #4 (permalink)  
Old 08-14-2008, 05:03 PM
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Default

I am on H1


Quote:
Originally Posted by sc3 View Post
Are you on H1? OR are you a PR or USC??
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  #5 (permalink)  
Old 08-14-2008, 05:08 PM
Donor
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Default

Quote:
Originally Posted by rahulpatel View Post
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
cant you find a new employer? once you do that, immediately transfer your H1 and also meanwhile file a case against this current employer.
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  #6 (permalink)  
Old 08-14-2008, 05:15 PM
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Default

How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?
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  #7 (permalink)  
Old 08-14-2008, 05:31 PM
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Feb-05
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solaris27 is infamous around these parts solaris27 is infamous around these parts solaris27 is infamous around these parts solaris27 is infamous around these parts
Talking what is company name ?

1) find another employer and trasfer H1B
2) send regt letter to old employer for all salary.
3) report by filling form provided by javadeveloper
4) he will beg you to take complain back
5) you will get ur money --happy

what is company name ?
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  #8 (permalink)  
Old 08-14-2008, 05:49 PM
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Default No he cannot do any thing

Quote:
Originally Posted by rahulpatel View Post
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?

No you don't have to wait. find new employer and file a case on your employer.

According to H1, no matter he has to pay you.

Ultimately he can recover money from vendor, but he is deniying pay to you.

other frineds have suggested so just follow them.

good luck. I know the pain. sorry for you.
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  #9 (permalink)  
Old 08-14-2008, 05:50 PM
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find a new H1 job yesterday!!!! (you should have already found a job).

Then you can get back all that he owes you regardless of whether he is paid or not..... unless, of course, he declares bankruptcy....
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  #10 (permalink)  
Old 08-14-2008, 05:57 PM
sc3 sc3 is offline
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What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
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  #11 (permalink)  
Old 08-14-2008, 06:26 PM
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Default

Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????
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  #12 (permalink)  
Old 08-14-2008, 06:35 PM
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Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
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  #13 (permalink)  
Old 08-14-2008, 06:46 PM
NKR NKR is offline
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Default

Quote:
Originally Posted by rahulpatel View Post
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.
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  #14 (permalink)  
Old 08-14-2008, 06:51 PM
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A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..
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  #15 (permalink)  
Old 08-15-2008, 04:15 PM
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You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.
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