Patta Hara and other Gurus Help - DoL Appeal

N

njny_m

New Member
I\'d appreciate informed comments on this.
my spouse(on H4) had to work for two different employers last year, who were processing her H1. unfortunately the H1 didn\'t materialize from either one, one for an RFE and another employer discontinued it, currently working for another employer.
We didn\'t take payment from either of these as I was apprehensive about gettig paid by check while on H4.
now that me and my spouse have temporary GC, can my spouse claim that money and receive it in her back account. can it affect the GC status or create problems in citizenship process later.
also if the employer doesn\'t pay, what are our options for going to Dept of Labor.
THANKS for your help.
 
One cannot work on H4...

that is a simple fact. i would not even demand the money. plus working for two employers is also illegal when on H1/H4. i do not see any case here...for appealing. by getting GC, the wrongful actions of the past do not get erased.
 
My 2 cents…

Caution: Use at your own willful discretion.

I think that you stand a chance to collect the dues.
It can’t be said that your wife was working illegally on H4 as you mentioned that both the x-employers had filed for H1B.
Working on H1B petition receipt number is a common practice. Also, as long H1B petition is duly filed for two jobs, working in those two jobs shouldn’t be a problem.
Per your description, it looks like both the x-employers have acted in bad faith by withdrawing / failing to fulfill the H1B petition. Even if the x-employers withdrew their H1B petition, they are bound to pay the arrears.
You can talk with the x-employers and make them pay the required arrears. There should be no problems from INS as your wife hadn’t done anything wrong, I would say.
For IRS purposes, you may want them to use your wife’s new SSN number when they pay the dues. Using the TIN number is not wrong but may cause confusion when filing taxes (actually, the TIN number has to be surrendered to IRS as soon as a SSN is issued).
Consider consulting with an attorney. Paying for an hour of consultation could be worthy.
 
Appreciate your comments and insightful suggestions

What I know is that even an illegal worker has the right to claim compensation and DoL is very clear about it. DOL views it as payment for labor irrespective of visa status.
A meaningful discussion with everyone out here certainly helps a lot as then, I can discuss it better with an attorney.
2 cents from U guys definitely add up ;)
 
working after filing H1

Working after filing H1 is only valid, when you already are in the same status - H1 from a different employer. For H4\'s to legally work, they should wait till they receive H1 approval. My 2 cents.
 
I agree with Gabbar

H1 receipt to start work is valid only when you are switching employers and when you already are in H1 status.
Seems like your spouse was on H4 and it is illegal to work on that visa. Actually she was out of status by working on H4.
Unless your attorney suggests different, I dont see $$ coming your way. Yes, employer acted in bad faith and probably DOL will make them pay for the services provided.. is it worth the risk for you?... Your call.
Technically she should have been in Good status at the time of getting GC. If it works out otherwise...you might have more issues to handle. Definately talk to attorney to see where your case stands. I would also go for a second opinion.
 
I agree with u Guys

Illegal workers had a tacit aprroval in the hey days of economy..not anymore...moreso post 9-11 scenario is a different picture...
so be careful...Good Luck...
 
a comical analogy

this is a true incident i heard on NPR recently. a pregnant woman was cited by police for an offense. she appealed saying that the ticket cannot be given to two individuals at the same time. the court agreed and cancelled her penalties under the original citation. BUT she was fined under a new offense "two persons cannot occupy the driver\'s seat at the same time while car is in motion"....

so maybe DOL might let you go but INS might not.
 
You must log in or register to reply here.
Top