Is there risk involved when employer desn't pay proffered wages?

[Participant]

Earlier there was extensive discussions on this issue.
The question was if CIS knows this what is the impact on GC.
Seems there may be impact by concept angle.
Pl.see the link(though of different context):
http://uscis.gov/graphics/lawsregs/admindec3/b6/2004/apr2104_11b6203.pdf.
(The link is posted from another thread -'As promised How to overcome ability to pay issues' --Courtesy United Nations).
Pl.read and form the opinions on how safe you to represent that employer pays less than proffered wage situations,if there is one .(incontrast to earlier discussions).

 

[qwerty987666]

Earlier there was extensive discussions on this issue.
The question was if CIS knows this what is the impact on GC.
Seems there may be impact by concept angle.
Pl.see the link(though of different context):
http://uscis.gov/graphics/lawsregs/admindec3/b6/2004/apr2104_11b6203.pdf.
(The link is posted from another thread -'As promised How to overcome ability to pay issues' --Courtesy United Nations).
Pl.read and form the opinions on how safe you to represent that employer pays less than proffered wage situations,if there is one .(incontrast to earlier discussions).

Very good link. It clearly shows that if GC sponserer don't pay LC salary, CIS can potentialy revoke GC. And it also stressed that paying wages agreed at LC after GC is very important. Ignore misleaders (read Joef) totally on this issue. JoeF has misadviced to gather documents if employer don't pay as per LC after GC and submit CIS as reason of leaving employer" Totally BS and SCREW UP advice

Members 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. Refer link http://uscis.gov/graphics/lawsregs/...104_11b6203.pdf.

 

[qwerty987666]

As usual,Misleaders/propoganda specialist JoeF has nothing else to contribute. Stop posting BS crap and SCREW UP advices. Get LOST BANG


Members 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. Refer link http://uscis.gov/graphics/lawsregs/...104_11b6203.pdf.

 

[qwerty987666]

Pathetic loser, ran out of argument...

Get LOST and stop misleading members. Bang

Members 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. Refer link http://uscis.gov/graphics/lawsregs/...104_11b6203.pdf.

 

[Participant]

Just so that everyone doesn't read the whole document.

The relevant issue is on the last page, second last paragraph.

I don't think this solves the issue one way or the other.

Essentially, it says that although a labor certification states that if an employer is already employing the person then they should be paying at least the offered wage. However, DOL issued a memorandum stating that employer doesn't need to do this until greencard gets approved.

Thanks UN,for responding to this thread.
As I mentioned though this doc. is in little different context,in the prior pages
and as above,my point is to stress CIS concept of paying the pofferred wage after AOS is strong even they may have an likelyhood of revoking(extreme case)incase the employer not paying the profferred wages after GC.
The thread back ground is --earlier there was lot of dicussion in other thread,
incase employer doesn't pay the correct wage, the employee take an recourse to document the fault of the employer and can represent to CIS that
employer is at fault and not employee and hence GC will not be affected.
But the your above link document dealt with the issue gives an idea how CIS thinks once the profferred wage is not paid after GC.
Whether employer mis represented or employee is at not fault,the affect likely to be revocation which ultimaely affects the employee.
proving that only employer at fault and not employee may give the benefit of employee being cleared off fraud charges but it may not save the GC for employee as under lying Visa petition filed by employer it self is treated as fraud and 140/labor is filed by employer and the conditions are not met.
Hence in this case one has to have draw lines whether to inform CIS with out their asking?!
Just an opinion.

 

[mmillo]

experienced people , please reply ,H1 rfe

Experienced people , please reply ,H1 rfe

This is the 7th year extension ( labor pending in PEBC)
current i94 was valid till aug 30th2006.
Got a rfe from CSC asking all the i94 copies front and back , I had total 3 , for the old 2 i had copies of the front pages. for the current i had front and back..

rfe replied with the copies ,

Basically i am out of status?
what are my chances to survive. What are my options? I am the only h1 for this company , Should I leave the country?

Need help?

 

[Apollo_13]

have you applied for your extension prior to 30th Aug 2006?

If yes, you are not out of status.

If no, what were you doing all these days without filing for an extension?

I understand this RFE was raised for H1 extension. As long as you have applied your extension before expiration of your previous h1, then you are fine.