HRPRO
02-23 04:17 PM
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
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aadimanav
08-21 11:22 AM
Until the recapture bill passes, this action items will remain LIVE!!!
wizpal
12-13 11:03 PM
This was discussed earlier. Jaime proposed it and lot were interested in doing in it..may be this is the right time for us revisit it.
It works this way.. Each of us need to send their local senators a stopper and a personalized memo saying 'tax paying legal immigrant since year <ur year of entry>..no green card because of country cap limit and visa number wastage each year by USCIS..We would want congress to pass a legislature to recapture the unused visa numbers. We are NOT asking for H1 increase.. The reverse migration is already in progress and might become severe without any congressional inaction.'
This could work because we have atleast 2000 active members and there are around 100 senators. If each of members could send a stopper(cost around 10 dollars each) to two senators, each of the senators would receive forty to fifty stoppers. It will atleast gain us the much needed Media publicity.
The problem with us is most of the members don't want to show up in public. I hate it but to make thousands to walk on streets it takes a lot of money and effort and at the end not many people would show up.
I know I am ignoring the house representatives completely..but we make enough noise with senators it might just serve the purpose. Moreover, I think te house is not that against legal immigration.
Any thoughts..
It works this way.. Each of us need to send their local senators a stopper and a personalized memo saying 'tax paying legal immigrant since year <ur year of entry>..no green card because of country cap limit and visa number wastage each year by USCIS..We would want congress to pass a legislature to recapture the unused visa numbers. We are NOT asking for H1 increase.. The reverse migration is already in progress and might become severe without any congressional inaction.'
This could work because we have atleast 2000 active members and there are around 100 senators. If each of members could send a stopper(cost around 10 dollars each) to two senators, each of the senators would receive forty to fifty stoppers. It will atleast gain us the much needed Media publicity.
The problem with us is most of the members don't want to show up in public. I hate it but to make thousands to walk on streets it takes a lot of money and effort and at the end not many people would show up.
I know I am ignoring the house representatives completely..but we make enough noise with senators it might just serve the purpose. Moreover, I think te house is not that against legal immigration.
Any thoughts..
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vinodp1978
06-28 02:12 PM
Delhirocks,
Thanks for the feedback.. i will most likely be doing the same...wait for PP 140 to comeback and convert. I think its safer to work on a 3yr h1b than ead. But then while filing for h1b ext the dates must be retrogressed and not current.
Thanks for the feedback.. i will most likely be doing the same...wait for PP 140 to comeback and convert. I think its safer to work on a 3yr h1b than ead. But then while filing for h1b ext the dates must be retrogressed and not current.
more...
h1techSlave
01-23 01:02 PM
With your 485 application packet, you need to attach proof of your 140 application.
You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.
Disclaimer: Any thing and every thing related to USCIS is like gambling.
I hope they do that ..
Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?
I will be completing my 9 yrs for H1 in Jan 2010...;)
You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.
Disclaimer: Any thing and every thing related to USCIS is like gambling.
I hope they do that ..
Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?
I will be completing my 9 yrs for H1 in Jan 2010...;)
reddymjm
01-22 10:37 AM
I felt there were too many fields to fill in. It might help if we can take out some fields. Like RFE etc.
more...
JunRN
12-19 02:01 PM
Mine is just 4 days.
Nov. 23 - Card Production
Nov. 27 - Approval Notice Sent
Nov. 28 - Card in the mailbox
Nov. 23 - Card Production
Nov. 27 - Approval Notice Sent
Nov. 28 - Card in the mailbox
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chanduv23
05-14 11:19 AM
When in Rome do as the Romans do.. start eating burgers & you will develop the much needed 'thick' skin.. that should keep you immuned to all those bickerings..
Like CNNs Sanjay Gupta once quoted "Immigrants come to America to pursue their American Dream but eventually pursue the American Bulge by eating American food"
:D
Like CNNs Sanjay Gupta once quoted "Immigrants come to America to pursue their American Dream but eventually pursue the American Bulge by eating American food"
:D
more...
indianabacklog
10-24 08:10 AM
YOU ARE INDEED LUCKY! I THOUGHT THE CURRENT PRIORITY DATE for EB3 WORLD is August 2002. MAYBE THERE ARE NO MORE 2002-2005 WAITING FOR EB3 WORLD. THEY NEED TO REVISE THE VISA BULLETIN. HOPE I WILL BE PICKED NEXT....MY LC WAS FILED JAN. 2006...A MONTH AHEAD OF YOU.
Just to let you know there are EB3 ROW still waiting. My priority date is November 2002 and applied for AOS in May. No rhyme or reason to this process it would seem.
Cannot imagine I am the only old PD still waiting while people who applied four years later get their green cards.
Just to let you know there are EB3 ROW still waiting. My priority date is November 2002 and applied for AOS in May. No rhyme or reason to this process it would seem.
Cannot imagine I am the only old PD still waiting while people who applied four years later get their green cards.
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sroyc
07-30 06:17 PM
No its official. From Feb 2008 federal skilled worker class is restricted to people with 1 year Canada work or student experience or 38 occupations only.
Now only people who have studied or worked in Canada on work permit are eligible.
That doesn't contradict anything I said. I was referring to the 38 occupations where you do not need Canadian work experience. I agree that the list is much more restrictive than before. The other way around it is to have a job offer. All I said was that Canadian work/student experience is not mandatory.
Now only people who have studied or worked in Canada on work permit are eligible.
That doesn't contradict anything I said. I was referring to the 38 occupations where you do not need Canadian work experience. I agree that the list is much more restrictive than before. The other way around it is to have a job offer. All I said was that Canadian work/student experience is not mandatory.
more...
belmontboy
02-15 12:09 PM
FYI majority of Desi companies follow the rules as stipulated by US laws. There definitely are abuses in any law. Do you think all wallstreet firms played by rules in this financial mess.
If there are abuses that should be enforced. No doubt about it.
Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.
If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.
Don't kill IV with your immature perspective.
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
If there are abuses that should be enforced. No doubt about it.
Please stop generalizing from these incidents. There are good majority of IV folks who work for good consulting companies.
If you don't want IV to be reduced to an organization of couple of hundred members, please stop generalizing. After all that is what anti-immigrants are doing.
Don't kill IV with your immature perspective.
Dude, just because you don't see the word "some" in my post, don't tell me that i am generalizing.
I do make a clear distinction between good players and bad apples. If you cannot understand, let me know I will put it in simple words!!! Doh!!!
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go_guy123
07-30 12:31 PM
It will bring down the workload? Can you explain how? If anyone in the world is eligible to apply for the GC without sponsorship, the system will be flooded with applications, irrespective of whether they carry any merit or not. What makes you think that an organization that cannot process 140K applications per year can handle millions?
The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.
Anybody wont be eligible. Canada has been fine tuning the immigration since 2002.
Now only people who have studied or worked in Canada on work permit are eligible.
family based is greatly restricted unlike US where around 80 is non-skill based.
If they want they always reform but the exiting H1B is so good for American Companies that they will fight to keep the existing H1B-GC servitude instead of
any point based..
Plus there is politics of vote bank: Moment the CIR comes, the sheer stampede of illegal lobby like the bulls of Spain, H1B folks get crushed. Last time, moment the CIR came, H1B people started opposing it because it literally made illegals ahead in line line with more points in the point based system.
That's why I am skeptical of CIR as of now. H1bs don't have much chance in front
of the madness of illegal lobby vote bank. Based on my observations of how the
US politics works I don't see promise in CIR (one of main reasons I left for Canada)
Not to mention, a lot of antis are not that against EB reform but moment CIR comes
all anti-s get united in opposition. The illegal bobby hold H1Bs as hostage unless they get what they want. It is such a deadlock that I just don't see how it can be fixed.
Unless there is another super powerful lobby helping us like US industry (supreme powerful lord in US politics) which currently wants the existing H1B system I don't see headway.
PS: In 2002 Canada passed IRPA where they delegated the rule decision making to the executive branch unlike US where any change has to be legislated.
The point based system sounds great in theory, but cannot be implemented efficiently by the U.S. as long as it remains the most desired country for immigrants. It works for Canada, Australia and the U.K. because fewer people want to move there.
Anybody wont be eligible. Canada has been fine tuning the immigration since 2002.
Now only people who have studied or worked in Canada on work permit are eligible.
family based is greatly restricted unlike US where around 80 is non-skill based.
If they want they always reform but the exiting H1B is so good for American Companies that they will fight to keep the existing H1B-GC servitude instead of
any point based..
Plus there is politics of vote bank: Moment the CIR comes, the sheer stampede of illegal lobby like the bulls of Spain, H1B folks get crushed. Last time, moment the CIR came, H1B people started opposing it because it literally made illegals ahead in line line with more points in the point based system.
That's why I am skeptical of CIR as of now. H1bs don't have much chance in front
of the madness of illegal lobby vote bank. Based on my observations of how the
US politics works I don't see promise in CIR (one of main reasons I left for Canada)
Not to mention, a lot of antis are not that against EB reform but moment CIR comes
all anti-s get united in opposition. The illegal bobby hold H1Bs as hostage unless they get what they want. It is such a deadlock that I just don't see how it can be fixed.
Unless there is another super powerful lobby helping us like US industry (supreme powerful lord in US politics) which currently wants the existing H1B system I don't see headway.
PS: In 2002 Canada passed IRPA where they delegated the rule decision making to the executive branch unlike US where any change has to be legislated.
more...
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chi_shark
06-03 11:28 AM
roy beck of numbersusa just said on the hearing that if 424 were to pass, his organization will feel better if 3 greencards from other categories are reduced for every greencard newly given out under 424... man... he should !@#!%#@$%@!@#$!@$$@#^#%^%^&&* *(!@#$@!$.
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va_12_2004
06-29 07:14 AM
Hi:
Lot of people get stuck in the name check in AOS, and many of them wait for at least 6 months. I am wondering if someone may get stuck in namcecheck and may have to wait for months in home country while doing cp?
Thanks
Lot of people get stuck in the name check in AOS, and many of them wait for at least 6 months. I am wondering if someone may get stuck in namcecheck and may have to wait for months in home country while doing cp?
Thanks
more...
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ragz4u
04-12 12:42 PM
Yours will be cashed soon.
Thanks
Thanks
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rajchadha
06-03 09:10 AM
This is called waste of brain power ... cramming as much as you can from the dictionary and god knows what. It would have been much better if a child learns some skill or diverts the mind towards exploring a problem or invention . What use is cramming the dictionary when it is available right on your phone now . If you have the internet all the world's knowledge is searchable.
There are much better uses for the brain power.
People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!
There are much better uses for the brain power.
People can have different opinion about this ---cramming or not cramming but matter of the fact is that is still a great achievement .
Proves that we indian rock in whatever we decide to do in life and that can be medicine/IT/Law/ working to do some invention / spelling or whatever. People can have different intrests in life but matter of fact stays same that we indians are one of the most hard working race.
Good job---Sukanya Roy!!!!!!!!!!! you make us all feel proud !!!!!!!
more...
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msp1976
05-11 03:12 PM
My understanding :
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
The current versiion of the bill says thus :
All illegals have to establish eligibility for adjustment of status..Now that could be done through a labor certification or some kind of review by the USCIS. The law does not say how.
It could mean that all of them submit some sort of form to USCIS immediately after the law comes into effect..Then after 6 years they would be eligible to adjust status..that is 485 filing...
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kondur_007
09-22 05:35 PM
LOA...means I am still employed without benefits ...at my old company.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
what you said makes sense..this is how I am looking at it
-join new company
-donot send in ac 21 paperwork
-if i have rfe send in paperwork from present employer which will only be a generic letter----(i don't know how much detail uscis likes)
-the reason i want to do LOA is that this way i will be sure they will not revoke i -140
-what do the gurus feel ?
BTW--gave u green --thanks for the reply
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
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BharatPremi
10-05 10:31 AM
Those are lolipop to kids. Do not keep much hopes. It seems to be the strategy to cover more election fund from corporate America.. I see this as political game for funding. On first link only honest statement I could locate was from Ms Lofgren "Some names on there have never been allies on immigration reform," Lofgren said. "I'm glad to be surprised."
eb3retro
01-12 04:12 PM
The link is still not working. But I did make a payment to your email id. Please check it out. and let me know.
eb3retro,
I tested it now and it is working. Earlier, PayPal's website was very slow and probably that caused some problem for you. Can you check it now?
If it is still not working, our PayPal email id is "donations at immigrationvoice dot org"
eb3retro,
I tested it now and it is working. Earlier, PayPal's website was very slow and probably that caused some problem for you. Can you check it now?
If it is still not working, our PayPal email id is "donations at immigrationvoice dot org"
gc101
08-02 05:03 PM
gc101, if you are not able to get married before you you file your I485 (by Aug 17th).
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
