Opinion needed.

[Jharkhandi]

Will someone like to help?

My friend - AC - came to USA on student's visa from China. He was lured into faster GC processing loop. Desparate not to go back - he jumped into it. The employer is a NJ based bodyshopper BS with office in Delaware. He was introduced to this guy thru one of his china town(NY) connections. AC got a project and H1b thru BS and for 10 months thing were cool. Then AC asked BS to apply for GC as promised. BS said you will have to pay for it. After much useless conversation(read fight), AC decided to pay for it. AC was told that his LC is filed from Delaware. 3 months passed. AC came on bench. His employer stopped his salary(he was being paid real low) and that time his wife was carrying(looks bachpan ka pyar which started in jawani, when they met on campus).

AC tried his own contacts and got another project and was again on payroll of BS. Now, AC got suspicious about LC so he asked another desi - SK to help him in finding out if LC is applied or not. SK came back and said it is applied just a month ago!!!

AC waited for almost a year to get his LC approved(cause everyone said it takes less then 4 months in DE to get approved and also due to his family) - busy with his newborn. Every third kid born in this world is Chinese - but in AC's home every kid is Chinese!!! Anyway, he got LC approved in Nov 2003, but was informed second week of Feb, 2004.

Now AC is really angry. He would like to do max damage to BS(I agree too). He wants to go to Labor Dept. How should he proceed? What other options he has? Also bear in mind he needs his GC due to political situation back home.

One more point - his desi lawyer does not directly talks to him - he has to talk thru SB only.

P.S. Those of you, who see Hindi movies - he is like angry young man AB - perhaps that is why is parents chose his name AC.

Please help - filter out the essence and reply. He would like to hear from others too and not just me - fair enough!!! Please help AC.

 

[jaxen]

Ask AC to shut up. The main thing to look out for is the GC process and his family. One can always get BS later after getting the green card. Getting LC approved is not the only step in getting the green card.
Ask him to join a karate class or a boxing club to keep venting for a while.

 

[Jharkhandi]

AC is Taekwondo champion. I guess that is how he got his admission in USA. Computers just happened to come in his way. See that is why I cannot ask him to shut up. By the way he intends to get 140 done - change job and then proceed with complain(meanwhile stay away from BS and lawyer). How should he proceed? Where should he complain and what are processes involved?

Also last evening he told me that he has recorded conversation with BS on couple of issues, where others are involved. But my feeling is that it will be counted illegal to do so as this is private conversation without consent of other party. He is holding that and not going forward as this may created trouble for some other H1b guy(and another GC applicant) and he is in fix. Would you suggest him to keep that and use it later?

Pour in your opinion Jaxen. Also how much later can he file complain?

 

[Jharkhandi]

Anyone?

 

[jaxen2]

This is a civil labor case (unfair practices etc.) In all legal proceedings here in the USA- there is a statuatory filing period. He has to wait till 140 is approved, 485 has been pending for more than 6 months and he has another similar job, before initiating legal action.
He can meanwhile document the delay and other matters by writing letters. That is document the delay, any questions he asked over the phone, do it by letter and even if they repsond by a telephone call, write a followup letter quoting the telecon and keep the paperwork flowing.
TaeKwanDo will not help. Patience and documentation might help.
He can consult a labor lawyer. But he has to be ready for the long haul.
Only thing against the employer is unfair practice, they did not do anything illegal by delaying to inform your friend. No straightforward immigration violation.

 

[ginnu]

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

 

[Jharkhandi]

Thanks jaxen, jaxen2 and ginnu. I will follow your advice. It is indeed a wonderful portal.

As pointed out by you (and also suggested by my friend), I am waiting till I get 140 done, so that I can be safe before I take my turn.

TaeKwanDo - I play as sports. It is great for body fitness and to save yourself sometimes. I do not use it to harm people.

AC

(Thanks Jharkhandi for allowing me to use your ID)

 

[ginnu]

** Your any friend can fill up the form that I provided above for a complaint against employer, the employer will be investigated by DOL and automatically they will know that you were paid less and DOL will check for all the employee wages paid by the employer to all employees. Your any friend who is not working for that employer can also send the above form

----Jharkhandi has not still sent me the sweets that he promised, ask him when he is going to send I am waiting