485 files <180 day

K

krishna raj k

Registered Users (C)
I am having trouble keeping my job with my emp since he wants a LOT of money. Last week he said that he has sent a letter to ins saying that i didnot report for the job. I am reporting to the client and I have a contract letter.

Q1. Can he really do anything like this or is he bluffing for the money. He has not payed me for the last month and I have talked to the client into paying me directly on EAD from now on. Can I sue or do something to the emmployer ?

Q2. In case I join the client directly, will there be any problem in the future. It will be 90 days from 485 filing ? But I have a job (the same job as before without the middleman )

Any other suggestions please let me know. Thanks
 
1. He can do such thing, although I think he is bluffing, because once he does that, he loses control over you. On what basis do you think you can sue your ex employer?
2. You are fine. What is your service center?
 
Thanks jaxen

1. He did not pay me for a couple of months before and this last month makes it three total. Can I sue him for these without jeopardizing the whole gc ? I can wait until things settle down but I dont feel like leaving him alone. I showed so much trust in him and left several good job offers with big 5 consulting firms just because he said he wont cause any problems in gc and I showed good faith since I told him that I would like to grow with the company and tried to expand the business. Instead when a client of ours didnt pay up, he trnasfered the loss to my paycheck ? He cut my bonus etc too bcos of this.

2. I am at NSC and am on EAD. Should I plan on going to homoe country on AP and get back so that I dont have to answer the question that I was not paid by my prospective emp for those two months ? What does ins want immigrants to do in this case ?
Should I think in terms of 245 i or k ?

Thanks. I think it will be good in the part of ins to issue guidelines in these cases where emp ditches emp after 3 years of emp. This emp cost me more than a year of delay - delay in paperwork filing, replying for rfe and this kind of blackmail.
 
EMPLOYER TROUBLE

Before considering sueing you could report about your employer to the department of labor and there are rules and regulations by whic your employer has to abide . In your case he clearly has violated(check the website of dol) just to be sure you can file a complaint form and
you will have to submit a copy of your timesheet showing the hours he has not paid you then the dol will go after him.
I do not think he reported anything as he can be in trouble and dol will scrutinize him in the future also.
sueing is another option but a very lengthy process so getting your money back through dol will be your best and fastest bet.
But consult a lawyer before doing anything as you might want to save your gc process first as far as money goes he cannot cheat you . you can approach dol anytime.
 
Thanks for the suggestion. I am hoping to sue him mainly because I dont want to talk to him. Also, what do you mean by time sheets. I didnt really submit any time sheets and I have not done so for all my work since we usually go beyond 40 hrs. He got a letter from me telling that i am going on vacation from a-b and I want him to pay for the period that he did not mention in this letter.

Can I directly go to dol and tell them that i was in h1 for this long from this company and they did not pay me for this period and i was in vacation for this period.

I am planning on legal action after hopefully my 485 gets approved. So far everything is going fine and hope it does in future too.
 
Time sheets

If you are working for a consultant you should have some proof showing that you worked , either from your client side
or from your employer side
how do you get paid by salary or by hours you work ?
If you work for a client how does he pay your employer , if by hours request him to give a letter or some sort of proof showing that you worked.
then you can go after your employer otherwise how are you going to prove that you worked.
 
On second thoughts he has to pay you on h1 no matter what but concentrate on getting proof , if he did not pay you during vacation period do you have original contract you signed with him where it says they will pay you x weeks of vacction that should be enough too
 
Don't leave him without suing him or reporting him to DOL. Usually we guys (Indians) are so soft or forgiving that these kind of crooks get away scotfree. There are hundreds of guys (including friends of mine) who are harassed by the employers. Many guys are in a situation that they are totally helpless.
You would be serving a whole community if you sue this crook (it's a pity that Iam not able to use more appropriate words than 'crook'!).
If anyone knows a good lawer or an organization who could help suing the crooked employers, please let me know. I can pass on this to some victims.
 
The times he did not pay are basically when I was not on a project and for two months I wasnt paid bcos the middle man didnt pay up although I have the timesheets.

I am at present keeping my fingers crossed for gc and hope it will be ok this new year.

Do I really need a timesheet ? I dont give him timesheets and yes I am salaried. More importantly, I was billed at about $100/hr (and paid $35/hr) and these gaps should be very easy to fill. I am looking for ways of suing him (or thru dol) to get back at least 6 months of salary in the last two years.
 
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