FraudGultee
04-20 04:41 PM
Have you ever seen the Moron in real life...go and see the mirror. I have asked you the website as I didn�t want to assume and your name 'Sheila' resembles the Sheila from an evaluation agency. She used to say the same thing � �Ask your attorney to get it evaluated�. Obviously you didn�t want to answer my question. Still I was saying ' I was suspecting'.
Now do you understand Who the real Moron is.?
No cursing, name calling please.. You could have just ignored. You have done no favour to yourself by replying.
Now do you understand Who the real Moron is.?
No cursing, name calling please.. You could have just ignored. You have done no favour to yourself by replying.
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anzerraja
07-20 09:39 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
vsrinir
09-17 12:07 PM
I guess after this step "it has to go to Rules Committee and await determinations by the Rules Committee as to how much debate will be allowed and whether floor amendments will be allowed, and if so , how many.
"
Just for the clarification of some of our friends (corrections are welcome) -
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
"
Just for the clarification of some of our friends (corrections are welcome) -
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
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jingi1234
01-28 10:09 AM
Was this the first time you are coming to USA?
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
I appeared for an interview on Jan 2nd. It took the consulate officers 16 days to call me and ask for original documents again. Darn PIMS verification! I resubmitted the documents on Jan 22nd through the drop box... and have been calling them daily to track the progress. They say they need 7 working days from the day the documents are received. I have already had to reschedule the flights once..and my employer is getting worried now. If I had known about the delays at Chennai post before, I wont have applied here. Chennai sux!!!
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
I appeared for an interview on Jan 2nd. It took the consulate officers 16 days to call me and ask for original documents again. Darn PIMS verification! I resubmitted the documents on Jan 22nd through the drop box... and have been calling them daily to track the progress. They say they need 7 working days from the day the documents are received. I have already had to reschedule the flights once..and my employer is getting worried now. If I had known about the delays at Chennai post before, I wont have applied here. Chennai sux!!!
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ItIsNotFunny
11-10 05:50 PM
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
ajay
11-03 05:14 PM
Sept 2004.
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willwin
06-13 09:22 AM
Are you sick?
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
Go and check how many EB3 India and EB2 India applications approved each year. They are approving double or triple the number of EB3 applications than they approve EB2. Go back to past and ask people not to apply in EB3, then only it solves your problem.
Its all because of toooooooooo many EB3 india applications in past. So, live with that fact.
Those are not nice words. You can always tell that person that his/her logic was wrong but don't say that EB3 folks deserve the long wait. If everyone of us had applied for EB2, then EB2 queue would be in the same plight as EB3 today, don't forget that!
And realize that most of the EB3 folks actually deserve to be in EB2 but for their respective Organization's policy to apply for EB3. I mean to say, it wasn't an option for many.
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gc_chahiye
11-02 04:45 PM
Do we really believe there aren't enough Americans to handle IT work in America?
yes. I honestly do. Having been through multiple recruitment attempts, at three different companies, in the bay area of all places: there are simply not enough qualified/interested american citizens available.
H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.
H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.
I agree.
Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.
good point. However unlike the kind of work being done in the middle-east, there are a ton of companies in the US founded or co-founded by immigrants. There is a reason this place is called the land of immigrants. Handing out GCs gives these people options to start companies and many many of them do. this creates jobs, creates more intellectual capital, all within the US. In 6 years if you make a cook in Dubai leave and go back to Kerala (just picking a typical example) he is not going to do anything to compete with Dubai. You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.
If there is any kind of immigration that I think the US does not gain much from, its the diversity lottery and to an extend the chain migration that comes from family based immigration. EB immigration is a BIG win for the US economy.
yes. I honestly do. Having been through multiple recruitment attempts, at three different companies, in the bay area of all places: there are simply not enough qualified/interested american citizens available.
H-1b is not cheap labor. American companies prefer to hire H-1bs with US master's degrees or with substantial amounts of US experience. When they do hire foreigners, they do not discriminate against them by paying them lesser.
H-1bs are abused by desi vendors and the like who take advantage of the indenturing nature of the visa and also on the naivety of "fresh off the boat" people who newly arrive into the US and are unfamilar with US economy. They are starry eyed, still busy converting each dollar into their local currency and feeling happy they are earning relatively more and dreaming about paying off their EMIs back home, sooner. It takes quite a few months for them to settle down and understand US dynamics.
I agree.
Lastly, we should not confuse the need for H-1bs as equal to the need for GC holders. Take the example of middle eastern countries. They use foreign labor, but they never grant them permanent status. That way, they do not get stuck with them in the event of a downturn. American could have chosen to follow a similar model. Use H-1b temps when necessary and send them out when they are expendable. They have no reaons to hand out GCs, like I said earlier. The benefit is all ours.
good point. However unlike the kind of work being done in the middle-east, there are a ton of companies in the US founded or co-founded by immigrants. There is a reason this place is called the land of immigrants. Handing out GCs gives these people options to start companies and many many of them do. this creates jobs, creates more intellectual capital, all within the US. In 6 years if you make a cook in Dubai leave and go back to Kerala (just picking a typical example) he is not going to do anything to compete with Dubai. You make these H1-Bs who have spent 6 years here (working on various products, technologies, ramping up, understanding customers, relationships etc) go back, they are going to start companies in India. Now all the capital stays out there. The same 5 products that could have been built in the US and sold to lots of companies abroad, will now have to be bought by the US.
If there is any kind of immigration that I think the US does not gain much from, its the diversity lottery and to an extend the chain migration that comes from family based immigration. EB immigration is a BIG win for the US economy.
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saimrathi
07-12 08:33 AM
Sent a letter to Arnie telling him about the rally on 7/14.. Fingers crossed...
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kubmilegaGC
09-16 08:06 PM
I am going to submit an issue with CIS Ombudsman @ DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
I have also asked the attorney to send an email @ Texas Service Introduces Streamline Procedure for I-485s and I-140s
Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)
Attorney got back to me and said we will have to wait until 1st October, as he opened a SR on 1st September and TSC asked him to wait for 30 days.
At this point, I am running out of options....maybe a letter to the first lady??
Hang in there @cali...dont loose hope. Did you talk to IO...? you were going to yesterday...I did send an email to streamline (NSC) myself from my work address - Gone into the SINK. No reply whatsoever. Thought of letting you know.
I think lawyers are just another hurdle in getting the right answer at this stage - they dont get our urgency and many a times I just dont know why we hire them - may be a topic for some other time :)
I have also asked the attorney to send an email @ Texas Service Introduces Streamline Procedure for I-485s and I-140s
Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)
Attorney got back to me and said we will have to wait until 1st October, as he opened a SR on 1st September and TSC asked him to wait for 30 days.
At this point, I am running out of options....maybe a letter to the first lady??
Hang in there @cali...dont loose hope. Did you talk to IO...? you were going to yesterday...I did send an email to streamline (NSC) myself from my work address - Gone into the SINK. No reply whatsoever. Thought of letting you know.
I think lawyers are just another hurdle in getting the right answer at this stage - they dont get our urgency and many a times I just dont know why we hire them - may be a topic for some other time :)
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jfredr
07-15 09:55 AM
signed
hot 2011 nice good morning quotes
rambab
07-15 06:39 PM
signed
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malaGCPahije
08-12 02:18 PM
How will it march steadily when we have less than 3000 numbers for the year?
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
is our only huge hope. Else I think EB3-I has a long way to go to even reach 2004. Let's see.
I am sure we have many pplicants with PD in 2002 and 2003. I would be surprised if PD moves beyond April 2002 in FY 2009.
Assuming no other miracle happens!
is our only huge hope. Else I think EB3-I has a long way to go to even reach 2004. Let's see.
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GCVivek
03-29 02:51 PM
H1b_Alex,
It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.
1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.
Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%
The reasons are simple and outlined above. Sorry but your chances are slim. :(
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.
1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.
Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%
The reasons are simple and outlined above. Sorry but your chances are slim. :(
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
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sammyb
01-30 05:19 PM
it is now Q26 ....
good find man ...
good find man ...
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rajuram
02-14 12:08 AM
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
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cool4maverick
11-11 09:34 PM
I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.
100% agree...If I485 gets rejected at later stage that means there is a good chance that no other company or second application can fix it...
100% agree...If I485 gets rejected at later stage that means there is a good chance that no other company or second application can fix it...
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senthil1
06-11 09:13 AM
I think it should have minimal or no impact on your GC process. Somehow you can get gc. But what is the impact of case in your personal life that is more important. If you have an asset or money those are under risk. But if you have very less savings what they are going to achive by sueing you. Also did you have Insurance? Then they might put you and your Insurance company in lawsuit. Then your Insurance company may fight for you. If they win the case and court ask you to pay 1 million dollars then you can file bankruptsy protection and come out if you have very less money. Fighting is always better option than giving up. But again it is individual's decision. As you have option of going to India. But no such option for Americans
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
hairstyles good morning quotes. good
logiclife
02-05 04:46 PM
Before this thread takes a turn where supporters and opponents of this idea start another forum war, let me say this clearly:
IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.
And frankly, we do not have extra kind of support to add new agenda items on our list.
A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.
We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.
If you dont agree:
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.
IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.
And frankly, we do not have extra kind of support to add new agenda items on our list.
A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.
We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.
If you dont agree:
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.
Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(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.
sledge_hammer
01-28 04:18 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
Re-read AILA memo once again. You haven't noticed the main point yet. Precedence is not their main point. Precedent just provides an additional support. E-E is the most controversial item in the USCIS memo which also is illegal.
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