CP Date- Chennai May 20 - Attorney refusing employment letter.

K

kumar12345

Registered Users (C)
Your experience and guidance would benefit me immensely.

I have my consular processing date on May 20th. In order to appear for this interview I had to contact my attorney to get employment letter.

The attorney is refusing to give me the letter saying that I am not
eligible at this point of time to appear for consular processing as my current prevailing wage is not meeting the wage determined during the labor certification.

I have also been told that this interview will be cancelled in a short time from now.

How should I approach this situation?

Please Help

Thanks
 
kumar12345 ,

You have posted the exact question in a thread just this morning, and as I see 2 or 3 members have responded to it.

What is the point in posting it agian, without referring to the
responsed already given?

This is not the right way of using the resources!
 
Raju595

I realize you are a senior member, but I dont think this is the right way of responding to other members. It looks like this person is facing a severe problem and we should be more sympathetic to this situation...

Kumar12345,

your best bet is to set up a meeting between your attorney and your employer to sort out this issue. The attorneys normally follow whatever the employer wants.

All the best!

spulapak
 
Originally posted by spulapak
Raju595

I realize you are a senior member, but I dont think this is the right way of responding to other members. It looks like this person is facing a severe problem and we should be more sympathetic to this situation...

Kumar12345,

your best bet is to set up a meeting between your attorney and your employer to sort out this issue. The attorneys normally follow whatever the employer wants.

All the best!

spulapak
Click to expand...

spulapak,

I don't think you have seen my response to his query in the other thread. I am fully aware of his problem and given him the suggestion I felt appropriate.

I did not see any indication that he has taken note of the responses he got. And I pointed that out, and I stand by my
comment.

Seniority has nothing to do here. This is a very useful resource
available to all of us due to the effort of Rajeev Khanna and his team, and it is everyone's responsibility to make proper use of it!

If he is not happy about any comments let him speak up.
 
Raju595,

Your point is well taken.. But just wanted to impress upon the fact that a person in trouble might not be able to go about things as they are intended to.

No Offence meant and none is taken.

All the best!

spulapak
 
Guys...

No bickering please! I agree with what Raju has said. We try to help each other as best as we can-but when you post the same posting in multiple threads, you are wasting everybody's time. So, please post your questions on the correct thread- and only once.:)
 
Thanks buddies

Hi there,

Apropos my situation, my circumstances depict a sad siyuation and every bit of advise that I have got so far has been valuable. The intention was not to post the same message twice but having seen that my earlier message was not there I posted again. I have been checking this site very few times as I have spent very little time on Internet and more time in Attorneys office. One again thanks to everyone for your valuable advise and in this process I have hurt anyone of you I apologize.

Thanks
 
kumar12345 ,

Once again somehow try and convince your employer to give
the EVL listing the facts of the position like

title of the position,

that it is permanent in nature,

that the salary mentioned in the LC will be paid upon you getting
the immigrant status.

Tell them once again even if the salary that you get now is less
then the LC salary, that is not an issue.

I really hope you would succeed in this.

Good luck.

Raju
 
Bonus and salary

Raju,

Ganesh mentioned in the other thread that the amount certified by labor is salary + other benefits. Isa this true because in such a situation I will be very comfortable.

Thanks
 
Raju,

You have mentioned that I take a letter stating that the salary mentioned in the LC will be paid upon you getting the immigrant status. It is exactly this point that my attorney is pointing at and saying that they cannot issue the letter as they will not be paying me the required basic pay after I get the processing done. Under oath of perjury they say that the company will be committing fraud if they do not pay that amount.

Thanks
 
kumar12345 ,

I am not sure whether the benefits can be part of the salary
or not?

About the payment of salary after you get your GC status. Yes!
it is true that the employer is bound by the letter he gives and
he is expected to give you the salary mentioned.

Send a personal mail to me, so we can discuss.

Raju
 
in case they DO not want to increase ur salary after GC approval, sign a letter that basically is ur resignation letter and keep the date open for ur employer to fill in...when u come back with ur GC....he can accept ur resignation letter and he is no longer under obligation to pay u the salary proferred in the employment offer letter.

Howzzat?
 
If your employer is unwilling to promise to pay you LC salary, you are out of luck. You have upto 1 year to complete processing for immigrant visas at a consulate. You can try to postpone the interview by upto 1 year. Hopefully by then your employer might be willing to pay you LC salary.
 
Re: Bonus and salary

Originally posted by kumar12345
Raju,

Ganesh mentioned in the other thread that the amount certified by labor is salary + other benefits. Isa this true because in such a situation I will be very comfortable.

Thanks
Click to expand...

My lawyer still says that it's upto the company to interpret how they pay the salary. For example my lawyer said that if the employment letter says that "... will be paid an annual salary of $xx,xxx/- including all benefits".... then this amount $xx,xxx/- specified here should be >= Salary specified in the LCA. The company should honor this total salary before the end of the year.

For eg. let's say the $xx,xxx/- amount for simplicity is $72,000/- which is about $6000/- per month. The company could pay you $5000/- per month and during december give you an assured-bonus of $12,000/- so that it totals to the above said salary. Note only Cash/cash-equivalents that could be reflected on W2 are can alone considered to constitute the salary. Any form of stock and stock equivalents wouldn't could towards the salary.

That's my 2 cents.
 
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