Employer exploited

S

slave_of_dalal

Registered Users (C)
All,

I used AC21 to switch my employer after more than 365 days of pending i-485 and approved i-140 . But my previous employer asked me to give him 15 days notice. I gave him 15 days notice and he didn't pay me for 2 paystubs after that. He also withdrew my I-140 thereby my EAD and I-485 were cancelled.

Since I was on his H1, can I do anything to get my 2 paystubs legally? This company is based in NJ.

Thanks
slave_of_dalal
 
slave_of_dalal said:
All,

I used AC21 to switch my employer after more than 365 days of pending i-485 and approved i-140 . But my previous employer asked me to give him 15 days notice. I gave him 15 days notice and he didn't pay me for 2 paystubs after that. He also withdrew my I-140 thereby my EAD and I-485 were cancelled.

Since I was on his H1, can I do anything to get my 2 paystubs legally? This company is based in NJ.

Thanks
slave_of_dalal
Click to expand...
Hi,
How do you know your EAD and I-485 was cancelled, you get a deny letter?
 
Cant we report these to the Consulates Abroad?

Cant we report these to the Consulates Abroad? - The place the H1 was issued.At least the employer would not be able to bring in additional guys and exploit them.


DALAL - I suggest that you create a new user account (just for this purpose) and post the employers details and mention users to avoid this employer.

At least the employer would not know who posted posted the msg and you could still have the job.

Greedy guys... Hope god brings bad events to these kinds of employers!
 
I agree with GCWHEN1. In this country of highest freedom, H1 people have lowest freedom doing almost slavery. It seems GOD protect these employers strongly till they commit 100 sins then bubble would bust and H1 world would get rid of such bad elements.

"DER HAI PER ANDHER NAHI"
 
Thank You for your response guys.

This company is a NJ based company . The company did my first H1 in the form of H1 transfer.
The owner of the company took the money out of my direct deposit account the day I gave him the notice. After that he also didn't pay me for the next paystub. The logic he gives for not giving me the paystubs is that he is adjusting some expenses like green card etc. I think the reason he didn't give me the paystubs is because he didn't want to pay the employers taxes on the money he got from the client.

He has done the same with another employee who.

I din't get a NOID and my case was directly denied.

Thanks for your input guys.

slave_of_dalal
 
Since you have previous I-140 approved and I-485 pending for more than 180 days, you can use AC21 if you find same or similiar job, so you can file MTR to reopen this case. You should be successful if you do so.
Good Luch!!!!
 
I looked at similar case on this forum and I am planning to file a MOTIC. But I want that the exploiting employer should be brough to justice. He is taking the H1 people for granted and using them as slaves.

Anyone please suggest me what can I do to this exploiting company based out of NJ.

slave_of_dalal
 
slave_of_dalal,

my heart goes out to you, in my case, my employer(Desi) threatened to sue me if I dont pay him some good amount of money because I had to break employment agreement. I looked at other legal options like filing a suit. I was told, there are not great chances I could win. So I had to pay him some ridiculous amount.

There is one thing you could do. It is not legal to avoid pay. Keep all the proofs possible that you worked those days and that he didnt pay (your bank stmt of withdrawl will help) Check with Dept of Labor of your state. search online. Screw this guy, dont leave him. The more people accept what he does, the more these people do this.
 
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dalal screw the bhadva who cheated you

tell employer you will write one letter with 7 departments:

1. State DOL
2. Federal DOL
3. Indain Consulate NY
4. US consulate Chennai
5. Departmentof Homealnd Security (enforcement department)
6 FBI if funds were removed from your account without authorization or permission. what right does anyone have to extract funds from your bank account. this is pure fraud
7 departmnet of state where visa was issued (anti fraud unit)

threaten to sue for damages,lost pay, fraud and violation of immigration laws, further contend that you were exploited into slavery by desi bhadva due to USCIS stupidity for delaying your case causing you to be a virtual slave :mad:

note: tell him all these fancy terms and names and he will shit bricks and pay you back.Also tell him since he held your h1 he is liable for airline tickets (not exactly sure,but some law saying he has to pay your fare back if you leave or he fired you)

you cna get back pay for the two pay periods and any illegal benching (did not pay fully while employed due to bench time) or any other illegal deductions.

send him a letter saying he owes you the entire amount and he has 1 week to pay or else you are writing to everyone and also add in a few press newspapers saying you aree reporting the case to everyone and his chance of ever employing a desi again are zero as the DOL will blacklist him, Chennai visa consulate will never issue a H1 for his company and DOL will definitely go to recover back pay if you insist. there are laws in this country and they follow them,. you can get your money back if you want to and help teach the dog a lesson

dont spare these dogs teach them a lesson so they wont abuse people due to USCIS delays and their golden window to enforce slavery as long as USCIS continues to delay the cases

i think each deparmtent has an annonymous complaints and violations department also where you can report abusers and exploters. once you ahve left his clutches,pay him back for his kindness fully with interest :) :)

Note: "i am not a legal advisor or lawyer,but i encourage you to file as many reports as possible against unethical employers"

I also encourage you to use AC21 free yourself and then fight, there is no point living in slavery of your existing employer or any unethical scum
 
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Excellent payback way

ADMIN - COuld you please make this as a STICKY THREAD. So that future guys could get benefited.


There are several of my friends that could benefitted by this. - I know that they got cheated on Salary , aka GC payment, processing fee, etc etc and these employers go happily in lexus and BMW cars.
 
File the Complaint with DOL

Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
 
Are these complaints anonymous?

Are these complaints anonymous? -

Would the goverment authorites reveal who has complained , details etc to the employer?

While filing GC , we give even lot of info - Can the employers screw our credit ?? (for ever)

Dalal guy - If you happen to prepare any letters, could you post themhere removing sensitive info. My friends need them. They are not worried(so much) about the money , but want to teach a lesson to the arrogant behviour of employer.

TIA
 
GCWHEN1 said:
While filing GC , we give even lot of info - Can the employers screw our credit ?? (for ever)
Click to expand...

How can they screw your credit? The worst they can do is claim an unpaid debt, at which point you dispute it with the credit bureau and demand legal proof of the debt outstanding. When they cannot provide it, entry gets erased.
 
Complain to DOL immediately - statute limit will be issue if you delay

Hi dalal,

call immediately 1-866-4-USA-DOL without any hesitation abt employer. every state has their own statute limit of 1 or 2 years. so, dont delay. also you can claim OT hours if your employer did not pay you one and half times. claim unpaid vacation etc. DOL get you back all that along with penalty(minimum of 5k) and interest.

For H1B fee filing fee other GC filing fee federal DOL will refer you different office. I have done all of these against former employer.

chito
 
chito - (GC filing fee)

Hi,

Could you please provide more info - of complaining against the GC filing fee?

Do you mean if employer charged you for GC , then you can complain? OR for EAD/AP fee? :confused:


TIA
 
Hi GCWHEN,

Employer is supposed to pay for LC & I-140 filing fees only. But there is a statute limit of 1 year. DOL will tell you if you they can help you to collect that money from employer.

chito
 
Chito123,

Can you please post the details of steps/actions you took to bring your former employer to justice? Please paste them in chronological order.

Thanks!
 
Hi member77,

Nothing much to describe. mine is straight wage claim case. Just called DOL first. they referred me to local office where i have filed complaint for unpaid wages, unpaid vacation & Over time. They will ask you for any proofs that you have worked for them. mostly, time sheets will do. DOL will investigate by sending notice and talking to employer. i am surprised when my employer did not say a word. just like that he accepted to pay and sent checks to labor office. but i never accepted their settlement offer. i want him to be punished. labor will review the case again since i did not accept for their offer. what z going to happen is that employer will end up in paying penalty and interest in next hearing. end of story.

once this case is settled, i am going to send copy of this case to whole world(US consulate in India, BCIS etc).

i could not do anything about H1B filing fee since it is out of statute limit. i am asked to file it in small claims court. you can collect LC & I-140 filing fee also. safe to do that only after you get GC. by the time statute limit comes ahead to shield brutal employers.

chito
 
Hi chito,
What is the time limit for filing a complaint with the DOL for unpaid wages from the employer? I understand it is 30 days. But some people say it is 1 year. Based on your experience, can you please clarify? I am in California.

Regards...
 
statute limit is 2 years if you dont have formal agreement with your employer. if you do, then it is 4 years. normally indian consultants do not do any formal agreements. they might give you some employment verification letter or offer letter which are not formal agreements. let me know if you need more info..

chito
 
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