VivekAhuja
08-26 07:53 PM
Using all these new services like Rapid Transfer, M2I, TimesMoney is stupid. I am not sure someone in India really needs your money the next day. It is best to use a RUPEE DRAFT to send money. This way you know right there and there what rate you receive.
ICICI cannot be blamed for your 35 paise loss. They clearly state that there could be delays in wire transfer. Sending thru them, you agree that the conversion rate used will be the one avaiable on the day it reaches the destination. The bank cannot be blamed for this.
Again, use a rupee draft and pay $20 extra to send by USPS Global Express.
ICICI cannot be blamed for your 35 paise loss. They clearly state that there could be delays in wire transfer. Sending thru them, you agree that the conversion rate used will be the one avaiable on the day it reaches the destination. The bank cannot be blamed for this.
Again, use a rupee draft and pay $20 extra to send by USPS Global Express.
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fromnaija
10-16 11:07 AM
Today 10/16/2007 there is another update. Why is USCIS looking at my old H1B approved in August 2003 for an employer I left in 2004? I am perplexed!
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
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mirage
01-29 06:47 PM
I don't think there's a difference in time for EB-2, EB-3 or EB-1 labors. Its takes anywhere from 1 week to 2-3 months. My company filed 2 labors simultaneously one for me and one for a collegue. My friend's got approved next day(less than 24 hrs) mine took 70-80 days.
By the way, How long it takes to get EB2 labor these days?
By the way, How long it takes to get EB2 labor these days?
more...
amitjoey
03-09 11:20 AM
Agree with macaca, It is not fair to expect a member to contribute the moment s/he joins.
Suggestion: IV membership should be free for the first 3 months, after which there should be a minimum $20/per month to keep your membership and log in.
Also at that time a member needs to update his/her profile to include contact information. This way we encourage new people to come study the issues, gain trust with IV and IV gets real people with real names that can be contacted if and when there is a need for mass-campaign.
Suggestion: IV membership should be free for the first 3 months, after which there should be a minimum $20/per month to keep your membership and log in.
Also at that time a member needs to update his/her profile to include contact information. This way we encourage new people to come study the issues, gain trust with IV and IV gets real people with real names that can be contacted if and when there is a need for mass-campaign.
twinbrothers
07-10 11:49 AM
I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es
more...
nik.patelc
07-18 11:47 AM
Just imagine. If all MSFT, Motorola, Sun, Oracle & big companies employees and all others take 2 days off and go to washington and show peaceful demostration, i m sure it will make them thinking and do something...
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pointlesswait
09-24 10:13 AM
this guy has been venting out his anger aganist IV for quiet a while..i wouldnt bother much abt him...
must be personal..so iggy him!
must be personal..so iggy him!
more...
ash0210
03-10 10:31 AM
Friend of mine (to whom I contacted regarding IV) is in USA for 7 years and knows how lobbying & party funds are raised (including Watergate) and also very much aware of "Retrogression" and problems of being "Legal".
Also, he is aware of cause of IV and appreciate that but he is un-comfortable because whenever he login to IV, he noticed that:
- more than 40-50% respondents are talking about money/contributions & signatures showing how much they have contributed as of today,
- 10-15% are talking about blocking non-contributors(calling by Free Lunchers etc..),
- 5 % are Pseudo intellectuals (talking BIG but dont know immigration basics like - PD, issues of I-140/I485)
- 5% are always trying to shutdown others, accusing/calling by names to other forum members (he says "Highly skilled" in accusing!!)
- and remaining are "Positive" contributors for IVs retrogression cause (talking about - I spoke to senators office, can we arrange rallies, when to Fax/fliers, when State chapters are going to meet, posting excerpts from senate/CSPAN/News etc..)
Is our audience is so? Can we focus on our cause? pl be together like.. Like-Minded!!!
My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.
Like minded
I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.
Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.
Money minded
Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.
Why can IV ignore talking about money (when balancing this deficit is very important)?
How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?
State Chapter Participation
You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.
Conclusions
Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes
Also, he is aware of cause of IV and appreciate that but he is un-comfortable because whenever he login to IV, he noticed that:
- more than 40-50% respondents are talking about money/contributions & signatures showing how much they have contributed as of today,
- 10-15% are talking about blocking non-contributors(calling by Free Lunchers etc..),
- 5 % are Pseudo intellectuals (talking BIG but dont know immigration basics like - PD, issues of I-140/I485)
- 5% are always trying to shutdown others, accusing/calling by names to other forum members (he says "Highly skilled" in accusing!!)
- and remaining are "Positive" contributors for IVs retrogression cause (talking about - I spoke to senators office, can we arrange rallies, when to Fax/fliers, when State chapters are going to meet, posting excerpts from senate/CSPAN/News etc..)
Is our audience is so? Can we focus on our cause? pl be together like.. Like-Minded!!!
My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.
Like minded
I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.
Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.
Money minded
Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.
Why can IV ignore talking about money (when balancing this deficit is very important)?
How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?
State Chapter Participation
You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.
Conclusions
Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes
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raj2007
06-16 01:10 AM
Has any of you guys heard of "Follow to Join". I believe that if you are "legaly married" before filing I-485 then you should be able to bring your spouse in whenever your GC is approved. If your GC is not approved by the time you get married i think she should be able to come in under H4.
Not before filing I-485 but before your I-485 approval. You are safe even if you marry 1 day before approval.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
What's your PD?
Not before filing I-485 but before your I-485 approval. You are safe even if you marry 1 day before approval.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
What's your PD?
more...
bluekayal
10-29 03:18 AM
@alterego
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "
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gc_on_demand
06-15 10:55 AM
^^^^^
more...
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sri1309
01-14 09:18 PM
:) I think the link provided by @sri is something that can be traversed from here http://citizensbriefingbook.change.gov/
I have logged in and voted for the Immigration Reform, link there. (Searched for Immigration as mentioned by @sri) But, again we have many other posts which are against legal immigration due to financial constraints.
Please avail this opportunity to vote and highlight our plight, by voice your opinion in the right posts.
Good job Oliver,
Please post this message that we can vote in as many threads as you can. Here is one more chance to vote, guys.
I have logged in and voted for the Immigration Reform, link there. (Searched for Immigration as mentioned by @sri) But, again we have many other posts which are against legal immigration due to financial constraints.
Please avail this opportunity to vote and highlight our plight, by voice your opinion in the right posts.
Good job Oliver,
Please post this message that we can vote in as many threads as you can. Here is one more chance to vote, guys.
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santb1975
02-01 04:09 PM
Obama made a statement last night we should fix the Borken Legal Immigration System. I thought he knew about it. Thanks for the Ideas. I am going to ask a question about the yearly cap of 140K for EB Green cards
Clinton, Romney & McCain know about EB GC problems; they may not know some low level details. I don't know about Obama.
The questions are very very simple.
What do you plan to do about administrative delays (like labor, namecheck, ...)?
This can be done by the Prez alone!
What do you plan to do about the yearly cRap of 140K?
There is no cRap on F1. There is no cRap on persons hired. Why should there be a cRap on GC?
I-485 approval should mean GC!
This needs congressional legislation!
If retrogression drags then H-1B rules (like pay stubs etc) should not be applicable!
This MAY need congressional legislation!
Clinton, Romney & McCain know about EB GC problems; they may not know some low level details. I don't know about Obama.
The questions are very very simple.
What do you plan to do about administrative delays (like labor, namecheck, ...)?
This can be done by the Prez alone!
What do you plan to do about the yearly cRap of 140K?
There is no cRap on F1. There is no cRap on persons hired. Why should there be a cRap on GC?
I-485 approval should mean GC!
This needs congressional legislation!
If retrogression drags then H-1B rules (like pay stubs etc) should not be applicable!
This MAY need congressional legislation!
more...
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elcapix
11-13 02:20 PM
This is how I used my EAD. I filed 485/EAD/AP in July 2007. I did not do anything till Feb-2008. I made a call to my employer in Feb-2008 (6 months after I-485) and asked him to give me a raise. He was aware of the fact that I can use AC-21 and leave anytime. We renegotiated everything, this time heavily in my favor (for a change). I got 20% salary hike effective from that very day. I kept same employer, same job, same client but used EAD and AC-21 to put pressure on my employer. Needless to say, in the past, I have been on the receiving side of the pressure from employers because of H1-B too.
My suggestion - You can not play safe your whole life.
After an extensive research on internet about all this I will expose my case to hear your opinion.
I'm on my EAD second renewal now, Have approved I-140 and my PD is Dec 16/2006. Si according to waht you say I can walk away changing emplyers and get another job or either a part time job???
My current attorney wont give me any advices because she says is against the law because she represents my employer and me so she recomends to look for another attorney.
Since I have an EAD my wife was able to work and things turned better but this year with the economic situation and a baby I'm about 5k short and I'm being very careful and looking for a wild card just in case.. Someone told me I can get another H1B and start over even If I have passed the 6 years of H1B.
Any thoughts?
Appreciate your help
Nel
My suggestion - You can not play safe your whole life.
After an extensive research on internet about all this I will expose my case to hear your opinion.
I'm on my EAD second renewal now, Have approved I-140 and my PD is Dec 16/2006. Si according to waht you say I can walk away changing emplyers and get another job or either a part time job???
My current attorney wont give me any advices because she says is against the law because she represents my employer and me so she recomends to look for another attorney.
Since I have an EAD my wife was able to work and things turned better but this year with the economic situation and a baby I'm about 5k short and I'm being very careful and looking for a wild card just in case.. Someone told me I can get another H1B and start over even If I have passed the 6 years of H1B.
Any thoughts?
Appreciate your help
Nel
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Alien
02-13 11:15 PM
I agree with anands26 to an extent. We just need fresh ideas and activities going on while we wait for something to happen.
If we are not able to attract new members at a great rate we should atleast make sure we get to retain the existing strength.Word of mouth can only get you so much.
How about making professional grade media clips and posting the link on different websites? The one on IV we have now looks amateurish and doesnt quite do any justice to the org(with all due respects to the person in the clip). Its all about the outlook. People will tend to take us more seriously if we can do a few slick video clips with statistics,interviews(with different nationals) and such.Recruit an (not so expensive)Ad agency.Seeing is believing.It could probably boost the membership level too.Lets not sell ourselves short.
I also agree with anands26 on attacking the ideas instead of the person. If the leadership needs a slap on the hand so be it. Lets encourage some constructive criticism.Last week we witnessed a lot of personal attacks and guess who was doing it?
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
If we are not able to attract new members at a great rate we should atleast make sure we get to retain the existing strength.Word of mouth can only get you so much.
How about making professional grade media clips and posting the link on different websites? The one on IV we have now looks amateurish and doesnt quite do any justice to the org(with all due respects to the person in the clip). Its all about the outlook. People will tend to take us more seriously if we can do a few slick video clips with statistics,interviews(with different nationals) and such.Recruit an (not so expensive)Ad agency.Seeing is believing.It could probably boost the membership level too.Lets not sell ourselves short.
I also agree with anands26 on attacking the ideas instead of the person. If the leadership needs a slap on the hand so be it. Lets encourage some constructive criticism.Last week we witnessed a lot of personal attacks and guess who was doing it?
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
more...
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prashanthg
08-19 03:33 PM
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
1. I don't see any chances of getting any spill overs in the next two years.
2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.
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polapragada
09-17 01:17 PM
If congress approves it, 70% of the battle is over.
Yes rest is upto USCIS to work hard.
Yes rest is upto USCIS to work hard.
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ilikekilo
05-24 10:14 PM
[QUOTE=ilikekilo]
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
ok let me get clarified, here paskal, so iam already on h1b 4th year my h1b 6 years will expire in nov 2009. sor u saying that enxttime i renew my visa i dont have to pay $5000.:confused:
the link i saw also said 8500, but that did change on the floor at the last moment to 5,000. will get updated eventually
by the way i forgot to add- everyone exempt from the 1500 is exempt from the 5000 also- educational, ngo, not for profit etc
ok let me get clarified, here paskal, so iam already on h1b 4th year my h1b 6 years will expire in nov 2009. sor u saying that enxttime i renew my visa i dont have to pay $5000.:confused:
paskal
07-10 09:35 PM
in fact beautiful :-)
mirror mirror on the wall, which is the fairest of them all????
mirror mirror on the wall, which is the fairest of them all????
Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
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