After GC quit in 2 months

A

agc2005

Registered Users (C)
I work in a consulting company
my 485 got approved on sep01
the company didn't match my salary as agreed to DOL (for GC)
my project completd on oct-15
company stop paying me after oct-15, several times I ask through email but no response
on top of it, they are holding my dues.
I am getting full time offer from Dec-01

will there be any problem for me in accepting the new offer
experts advise needed on how to proceed.
 
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agc2005 said:
I work in a consulting company
my 485 got approved on sep01
the company didn't match my salary as agreed to DOL (for GC)
my project completd on oct-15
company stop paying me after oct-15, several times I ask through email but no response
on top of it, they are holding my dues.
I am getting full time offer from Dec-01

will there be any problem for me in accepting the new offer
experts advise needed on how to proceed.
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If you documented these things, Good for you. Keep those documents safe and away from CIS. Don't show it to CIS unless you have no way out and all roads are closed.

Read my comments

Never ever document that after GC, your employer is not paying you as promised on GC or whatever such that. And if at all you document it, keep those docs for youself, don't show it to CIS. If you show it to CIS, you simply asking for trouble yourself, it means that you are proving that your GC has been approved based on fradulent intent of your employer. And CIS can doubt legitimacy of your GC
 
JoeF said:
Keep printouts of the email. If there are any issues later on, the printouts help to show that you had the intent to work there.
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But it also shows that employer doesn't had intent to employ you after GC, So CIS might conclude that your GC is obtained on misrepreseted/falsified documents provided by employer. And CIS can raise doubt on legitimacy of GC.

So agc2005, Read my comments

Never ever document that after GC, your employer is not paying you as promised on GC or whatever such that. And if at all you document it, keep those docs for youself, don't show it to CIS. If you show it to CIS, you simply asking for trouble yourself, it means that you are proving that your GC has been approved based on fradulent intent of your employer. And CIS can doubt legitimacy of your GC
 
overtime dues

company didn't pay my overtime dues
1) I worked more then 40 hours for 3 months
2) I have timesheet for those hours

can I go to wage claim for those overtime hours
if yes wont there be any problem
advise me
 
agc2005 said:
company didn't pay my overtime dues
1) I worked more then 40 hours for 3 months
2) I have timesheet for those hours

can I go to wage claim for those overtime hours
if yes wont there be any problem
advise me
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Its all depend on your contract agreement with your company. If you are permenant employee(most likely as you got GC from them) then you have to check their policies. I know many big companies don't have to pay overtime to certain category people(including IT) as per some LAW.(unless its above certain percent/ per week , something like that). But if you have some agreement that you will get paid extra hrs too apart from regular salary then you should able claim those overdues.
 
there is no contract agreement with me and my company, I haven't even sign anything is it possible for me to claim?

I'm in salary basis and compnay located in IL
 
agc2005 said:
there is no contract agreement with me and my company, I haven't even sign anything is it possible for me to claim?

I'm in salary basis and compnay located in IL
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Have you got paid previously OT for extra hrs from that company??
 
JoeF said:
Well, if you are paid a monthly salary, you can't claim overtime.
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Not TRUE, monthly salaried employee can also get OT. Few yrs back, law has amended so that certain category of worker don't get OT unless they are above certain percentage of hrs above regular hrs. And by law salried employees also get paid for such OT.
 
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Getting a monthly salary is NOT what determines whether one gets overtime. It is the Exempt or Non exempt status of the job. For details see attached PDF file.
 
usually I work only 40 hours per week, but for these months I worked more that 40 hours sometimes 48, 52, 56 etc.
 
nkm-oct23 said:
Getting a monthly salary is NOT what determines whether one gets overtime. It is the Exempt or Non exempt status of the job. For details see attached PDF file.
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I worked for one consulting company as permemnent employee for their client. They paid me all hrs as straight time. So all hrs were paid, if I work for 50 hrs in a week , I get paid for 50 hrs(based on my hrly rate converted from monthly salary).
But making statements like "monthly salaried employee can't claim overtime" by JoeF is totally misleading and BS.Ignore him. Monthly salaried employee can get OT, technically as well as practically. Thats it period. :D :D
 
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qwerty987666 said:
Monthly salaried employee can get OT, technically as well as practically. Thats it period.
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That is accurate. It is also accurate to state that the majority of people on "salary" cannot make Overtime pay.
 
I get paid weekly and I have an hourly salary rate. However I am an exempt employee (don't get overtime)
 
TheRealCanadian said:
That is accurate. It is also accurate to state that the majority of people on "salary" cannot make Overtime pay.
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You said , I am correct!!! I can't beleive it :p :p . Or is it slip of finger as you also claim JoeF's statement correct??

One guy runs busniess with no revenue and other guy supports that business :D :D How in world both of them will know about " salary"?? :D :D

Majority IT consulting companies hire consultants as permenent employees(monthly salary) for long term project with their client. And those "salaried employee" get all hrs paid as straight time as long as client approves those time. But making statements like "monthly salaried employee can't claim overtime" by JoeF is totally misleading and BS
 
I didnt understand one thing, some people say they get paid on hourly salary,
are those are in h1b visa
does it legally allowed to get paid in hourly while on h1b
 
agc2005 said:
I didnt understand one thing, some people say they get paid on hourly salary,
are those are in h1b visa
does it legally allowed to get paid in hourly while on h1b
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At the end of day, everybody gets paid hrly. They simply convert monthly salary into hrly and make paystub. So ultimately its hrly rate get paid for all employees H1 or GC.
 
JoeF said:
Do you get paid less if you work less than 40 hours?
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I have to fill out a time sheet every week. If I work less than 40 hrs and do not take vacation/sick/time off I get paid for whatever hours I worked for.
 
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