PainfulGC123
Registered Users (C)
Is it a desi company? I have heard of many desi employers exploiting other desi H-1Bs. It is a shame, but true. They suck the blood out to the very last drop.foret1 said:
Philadelphia Regional DOL Tracker
- Thread starter usnycus
- Start date
foret1 said:
Hey Foret1
I am sorry for your situation but I thought I'd throw in my 2 cents about the situation you're in. I expect you will have to produce your paystubs at some point in this process, of course I am not sure if it's with the LC application or with the 485 application but when that happens and assuming the officer notices (all of which are too much efficiency to ask for from this dept) I'd be a little concerned and have a strategy to deal with the possibility of your paystub not reflecting your paper sal.
Good luck-
spidey
Received 45-Day Letter
I just got an email from my paralegel that our lawyer have received 45-day letter for my case. This will be positive news for md 2001 cases.
I will post the case number (entered date etc) once I get the copy.
My case details:
PD: 7/3/2001
RD: 10/31/2003
Type: RIR
45-Day Letter Received: 2/18/2005
---
MD2001
I just got an email from my paralegel that our lawyer have received 45-day letter for my case. This will be positive news for md 2001 cases.
I will post the case number (entered date etc) once I get the copy.
My case details:
PD: 7/3/2001
RD: 10/31/2003
Type: RIR
45-Day Letter Received: 2/18/2005
---
MD2001
Anand_Mishra
Registered Users (C)
foret1 said:
GC is for future employment. So your current salary doesn’t count on process. If you didn't get raise after you got your GC. You can go to Labor Dept and can file a case against employer. So Liability falls in employer shoulder not your. So please don't loose your sleep on this issue. When you will get GC then talk to your employer face-to-face.
anxicious waiter
Registered Users (C)
foret1 said:
I understand what you are saying here about your options to continue the LC process. However, to raise the salary only on paper might give you trouble later on when your GC applications is being processed. INS will ask you to produce your W2s from previous years and when they find you were not paid close to what your employer put on paper, they will have reasons to believe you won't be paid the salary on your petition form even after your get your GC. There are basically one 2 ways to fix the RFE for salary issue, one is to really have employer raise the salary and the other is to produce evidence (like salary surveys) to show your salary is not lower than it should be.
raj_vagc_oct02
Registered Users (C)
srinivas_o said:
Hi guys,
When i applied my labor i was with a company X. Later company Y acquired X. How should fill in the details when i ask for status check in BEC any idea ???
anxicious waiter said:
i guess then since survey will show that salary is indeed lower than it should be, my only option is facing my employer when the issue arises again and hope/pray that they will give me an actual raise.
lately i have been loosing sleep over not getting love letter and bec saying it will take them 2-3 years to clear. well, one more thing to add to my the list of things to worry about....
thank you all very much for comments and/or advice! appreciated!!
yours_sincerely
Registered Users (C)
Salary issue
Hi Foret,
I had an NOF regarding my salary...DOL said the prevailing wage was 82,000$ for the position. My lawyer told me that the salary is meant to be paid only after you get your green card. So, in principle, your employer has to agree to pay the amount (atleast 95% of the amount as per my lawyer) once you get a green card. Now, noone is going to come and check your salary after you get your gc. So, I would suggest, don't worry about it yet.
Hi Foret,
I had an NOF regarding my salary...DOL said the prevailing wage was 82,000$ for the position. My lawyer told me that the salary is meant to be paid only after you get your green card. So, in principle, your employer has to agree to pay the amount (atleast 95% of the amount as per my lawyer) once you get a green card. Now, noone is going to come and check your salary after you get your gc. So, I would suggest, don't worry about it yet.
foret1 said:
anxicious waiter
Registered Users (C)
Anand_Mishra said:GC is for future employment. So your current salary doesn’t count on process. If you didn't get raise after you got your GC. You can go to Labor Dept and can file a case against employer. So Liability falls in employer shoulder not your. So please don't loose your sleep on this issue. When you will get GC then talk to your employer face-to-face.
GC salary is for future employment but your current salary is directly related to the GC salary. INS knows some employers only put on paper a salary and they might actually not pay that salary. That's why they will ask us to submit paystubs or W2s to verify salary history during the GC process. If you are making $50K now and your paper said you will be paid $70K after getting GC, INS will suspect it's not a real salary you will be getting.
yours_sincerely said:
phew!! that's a relief! thanks much for explainaing
after i get the green card, i don't care much to get a raise from my current employer. with 2 masters and years of experience, i will kick my current employer in the !~@#$%^&* butt before i leave
pessimistic
Registered Users (C)
Hi guys,
I have a question
I am currently working in a government agency through a contractor who
have filed labor petition for me. The government contract usually lasts
for 5 years. Now my employer's contract will expire at the end of september.
There is no gurantee that my company will win thecontract again but somebody
else might.
I will be doing exactly the same work, on the same desk, same computer,
same data, same salary, but I will be under a new contractor who will
issue me paycheck.
So what happens to my greencard process??
may be I might have labor approved sometime ????only god nows,
but will I be able to use AC21 rule if my labor comes late (say after april)?? and then
I won't have 6 months time on I485??
MD/SESA : PD 10/29/2001
Philly : 03/05/2004
Love letter: recived and replied(Jan 5)
I have a question
I am currently working in a government agency through a contractor who
have filed labor petition for me. The government contract usually lasts
for 5 years. Now my employer's contract will expire at the end of september.
There is no gurantee that my company will win thecontract again but somebody
else might.
I will be doing exactly the same work, on the same desk, same computer,
same data, same salary, but I will be under a new contractor who will
issue me paycheck.
So what happens to my greencard process??
may be I might have labor approved sometime
????only god nows, but will I be able to use AC21 rule if my labor comes late (say after april)?? and then
I won't have 6 months time on I485??
MD/SESA : PD 10/29/2001
Philly : 03/05/2004
Love letter: recived and replied(Jan 5)
Anand_Mishra
Registered Users (C)
anxicious waiter said:
Sir, GC is for future job. INS can't prove based on current paystub and W2 that employer will not pay in future. But if in future DOL find out employer is not paying said salary then they can penalise the company not employee. thx.
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Anand_Mishra
Registered Users (C)
pessimistic said:Hi guys,
I have a question
I am currently working in a government agency through a contractor who
have filed labor petition for me. The government contract usually lasts
for 5 years. Now my employer's contract will expire at the end of september.
There is no gurantee that my company will win thecontract again but somebody
else might.
I will be doing exactly the same work, on the same desk, same computer,
same data, same salary, but I will be under a new contractor who will
issue me paycheck.
So what happens to my greencard process??
may be I might have labor approved sometime
but will I be able to use AC21 rule if my labor comes late (say after april)?? and then
I won't have 6 months time on I485??
MD/SESA : PD 10/29/2001
Philly : 03/05/2004
Love letter: recived and replied(Jan 5)
if any of following changes before your labor approval. This current LCA is useless for you.
* Your Employer(EIN)
* Your Job Profile
* Your Job Title
I have to refile LCA too with new employer who happens to be only one block away from my old company.
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yours_sincerely
Registered Users (C)
Extension does not have anything to do with retrogression
Yes, you can still file for H1 extension.
Yes, you can still file for H1 extension.
garp said:
GCInThisLife
Registered Users (C)
Received BEC Letter
VA SESA Receipt date: 01/24/2003
Phili Receipt date: 07/29/2004
BEC letter received date: 02/15/2005 --- Due date: 3/28/2005
RIR/EB?
Since our company's name with address couldn't be verified (name and address changed last year), the company was requested to produce the relevant documents in addition to checking the box for continuation of labor and it is still in the process of responding.
One of our collegues filed state labor around the same time ( a day later) and he has also received the BEC letter. Hope this helps...
VA SESA Receipt date: 01/24/2003
Phili Receipt date: 07/29/2004
BEC letter received date: 02/15/2005 --- Due date: 3/28/2005
RIR/EB?
Since our company's name with address couldn't be verified (name and address changed last year), the company was requested to produce the relevant documents in addition to checking the box for continuation of labor and it is still in the process of responding.
One of our collegues filed state labor around the same time ( a day later) and he has also received the BEC letter. Hope this helps...