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

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Click to log in with Facebook
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-25-2013, 05:41 PM
Misha79 Misha79 is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Mar 2011
Posts: 4
Misha79 is on a distinguished road
Default H1b employer took big amount of salary after leaving him

I was on H1b with employer A at client site B with 1 yr non-compete agreement.
After 2 yrs, Client B offered me Full time position and also same time i recieved my GC (privately ,not through A or B). I decided to accept FT with B and emailed employer A everything.

I dint receive any salary but payroll was run and i was surprised. After asking clarification ,

I was told,

Because my H1B visa with him (employer A) was not expired yet and i quit him voluntarily, he has right to retain visa fees, employer fees.

These things were not explained to me while starting job but were in agreement 'ofcourse'
Is there anything i can do ?

I got GC NOT FROM EMPLOYER And my H1B visa expires by default the day i get GC. He had not explained that thing in agreement ..
Bookmark and Share Compare Reply With Quote


  #2  
Old 01-25-2013, 07:16 PM
Desertfox Desertfox is offline
Senior Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/11/2007
Compare
Join Date: Jan 2007
Posts: 237
Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute Desertfox has a reputation beyond repute
Default

If you think you have been shortchanged unfairly, file a complaint with the department of labor. Here is the link with all information: U.S. Department of Labor - We Can Help | How to File a Complaint
__________________
Contribution > $1,000
Bookmark and Share Compare Reply With Quote


  #3  
Old 01-25-2013, 07:43 PM
whiteStallion whiteStallion is offline
Senior Member
Priority Date
:
Mar-08
Category
:
EB3
I140 Mailed Date
:
06/02/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 182
whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future whiteStallion has a brilliant future
Default

Just tell your ex-employer that you are going to complain to DOL, they should be ready at that point to negotiate the dollar amount.
If you complain to DOL, DOL will provide you your salary and investigate the incident with your employer and fine them. They can also blacklist your employer for 1 or more years from filing H1B petitions. Generally no employers(particularly bodyshops) run the risk of going against DOL. So they pay up instantly.
Bookmark and Share Compare Reply With Quote


  #4  
Old 01-25-2013, 08:05 PM
waitingnwaiting waitingnwaiting is offline
Banned
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2010
Posts: 436
waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute
Default

Quote:
Originally Posted by whiteStallion View Post
Just tell your ex-employer that you are going to complain to DOL, they should be ready at that point to negotiate the dollar amount.
If you complain to DOL, DOL will provide you your salary and investigate the incident with your employer and fine them. They can also blacklist your employer for 1 or more years from filing H1B petitions. Generally no employers(particularly bodyshops) run the risk of going against DOL. So they pay up instantly.
Why are you giving advice not to complain and only issue a fake threat? At least you did a good thing to inform that there is DOL. There are posters who scare others into complaining.

I hate when people behave as cowards and advice others to become one. Nobody has the courage to speak up and fight for their rights. This is why there is fraud, exploitation and no bill till now.
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
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Regarding my previous employer who is no paying my due amount and not responding GCFROMOHIO Analysis Discussion 0 01-16-2013 05:52 PM
After GC Leaving Employer mango123 All other Green Card Issues 1 04-16-2010 11:40 AM
Difference in LC amount-W2 amount ita All other Green Card Issues 5 12-09-2008 05:17 PM
implications on leaving the employer who sponsored for GC? oldschool All other Green Card Issues 48 08-16-2007 10:58 PM
Leaving employer after 140 approved. What am I loosing? raghu112 Retrogression, priority dates and Visa bulletins 0 06-16-2006 11:32 AM



All times are GMT -4. The time now is 08:45 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org