virald
01-21 03:30 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
This is the question I have too. I have certified PERM copy with me, but I dont think I have the cover letter (job duties) for the PERM. Using AC21, what duties should be written by the new company? One field I see on ceritifed labor is "Non technical job duties".
Any suggestions?
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rajuseattle
08-15 03:52 PM
It could be the mass system update at TSC as indicated in other forums.
Lot of folks at TSC are experiencing this LUD on 08/12
Lot of folks at TSC are experiencing this LUD on 08/12
24fps
03-08 05:47 PM
I am a lurker in this site. This is my first post. I have seen many posts by United Nations. He has helped and still trying to help many users at IV. His posts has insight and valuable information. Doubting his intentions just because he is in this society for 35 years is not appropriate.
I agree, UN has given good, free advice and information worth thousands of dollars in here without any malice, and he's always ready to give any info, i think he deserves more respect that someone childishly questioning him.
I agree, UN has given good, free advice and information worth thousands of dollars in here without any malice, and he's always ready to give any info, i think he deserves more respect that someone childishly questioning him.
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kosu
06-15 12:37 PM
Package received by Nebraska SC: June/4.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
Check cashed: June/14 (it shows LIN# on the back).
Querying status using this number shows a receipt date of June/12!
Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.
more...
transpass
08-20 04:48 PM
Guys:
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
Yes...A thorough lawyer does this. I am very happy with my lawyer too. She was diligent and thorough...She sent a letter to TSC on the day our cases became current. She also attaches copies of CIS Memos (if applicable) when filing for extensions, reinstatements, etc. so that the IO does not raise RFEs indiscriminately...Once we got our GCs, she sent a long letter regarding Dos and Don'ts after getting Cards
For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.
Take Care
Yes...A thorough lawyer does this. I am very happy with my lawyer too. She was diligent and thorough...She sent a letter to TSC on the day our cases became current. She also attaches copies of CIS Memos (if applicable) when filing for extensions, reinstatements, etc. so that the IO does not raise RFEs indiscriminately...Once we got our GCs, she sent a long letter regarding Dos and Don'ts after getting Cards
msandhu
07-22 10:29 AM
Hey guys
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!
I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?
Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?
-thanks.
Hi,
I did my landing last weekend. It went smoothly. At the port of entry ( at Niagra falls) Immigration officer said that my pictures that they have will not work and they took new pictures right there. The immigration offices also explained that if i am going back to US and then entering Canada again by land , all i need to show are the landing paper that he attached with my passport. If we plan to travel by air then it might cause some issues and its better to have the card. The thing that he made clear to me is that i do not need PR card to enter Canada again by land.
Hope this helps
Regards
MSandhu
more...
Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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bkarnik
05-10 08:21 PM
http://thomas.loc.gov/cgi-bin/query/z?c109:S.2691:
more...
Kodi
07-24 09:57 PM
I did get LUDs today. Both mine and my husbands I-485 and I-131. But nothing on I-765. Anyone has any idea why they took FP when my I-140 and EAD still pending?
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vij
06-14 02:56 PM
Mine was filed on 06/01. No receipt so far.
Are you checks cashed?
Are you checks cashed?
more...
EndlessWait
10-08 03:01 PM
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
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raj2007
04-21 03:34 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
more...
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akred
05-24 02:31 AM
Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
Hmm, so one would conclude that immigrants work harder than the natives. What is stopping the natives from working as hard? At the very least the immigrants are keeping natives honest and increasing competitiveness.
You also misunderstand the chief reason why younger employees work long hours. It is because they want to learn and become more productive in the future, so they can make more money, not because their job depends on it.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
This may well be true for illegals. In fact it is true for any work that is well understood.
By its very nature high skilled workers are expected to perform leveraged work where there isn't a direct correlation between results achieved and the number of hours worked.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
See my comment above about leveraged work. This applies all the way to the CEO, and is the reason for insane salaries. As for the point about salary inequality, US income equality is better than Mexico's and significantly worse than India's, so there may be something there contributing to angst amongst Americans.
http://en.wikipedia.org/wiki/List_of_countries_by_income_equality
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theOne
05-08 11:56 PM
Are you sure you can open a business on H1B ?
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Will someone please respond ?
Thank you.
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Will someone please respond ?
Thank you.
more...
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sukhyani
12-15 11:24 AM
contact the author
http://www.manhattan-institute.org/html/jacoby.htm
Thanks
http://www.manhattan-institute.org/html/jacoby.htm
Thanks
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psk79
09-10 11:23 AM
Hey, Anyone whose checks cashed but still didnt get their receipts? My checks were cashed 5 days ago. So far no receipt notices.. I got the receipt no's from back of the checks and the lud on 765 is 9/7 but it still says we mailed out a notice on how we process this case.....
more...
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shouldIwait
11-19 12:46 PM
Done. Forwarded to friends too.
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spulapa
02-02 10:22 AM
I just visited last month. I stayed there for 6 weeks...
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
Agree that economy is booking but....
(1) too much pollution.
(2) No infrastructure to handle cars and two wheeleers.
(3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
(4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
(5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
(6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.
Just my two cents....
Dude...
I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?
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reedandbamboo
09-13 10:12 PM
Folks
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Could you provide details on your POA (Plan Of Action) .. how are you going to go about facing them, confronting them, demanding justice? I'd be happy to pitch in.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
Could you provide details on your POA (Plan Of Action) .. how are you going to go about facing them, confronting them, demanding justice? I'd be happy to pitch in.
kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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