Pros...please advice

[mainewaiver]

I have secured a Family Practice J1 waiver position in Maine. I have got INS approval and waiting to finish my residency to apply for H-1b. Recently my employer who filed for J-1 waiver called me and offered me only 2/3 of salary than what was agreed upon at the time of contract signing and also salary mentioned on the papers when filed for J-1 waiver. So they would like to show every where that he is paying me one dollar where as in reality he wanted to pay me only approx 70 cents and I have to pay every thing on my own including benefits, Processings, Lawyers, INS, relocation etc.,

Now I am thinking about finding another position but I have already spent close to 15K until now for recruiters / interview / lawyers / INS etc.,

Can I find another position and file for a new waiver or what should I do if I get a new position in some other state. I need your help as soon as possible. Please give me all the options that you know.

--fellow waiver victim

 

[m_img]

Sorry to hear that. Did he say that why is he doing this?

First, how explicit is your original conract, of course it lists the salary but how about malpractice, relocation, other expenses; work condition, i.e. calls etc.

Second, get the new offer in writing before doing anything else. This could be used for grounds for future waiver.

Why do you have to wait for completion of residency to file for H1B? You should get LC before that. The salary will be entered here. This is done online and takes only couple of minutes. Employer have to certify this. This would be another piece of document you would have that would state your salary.

Before confronting your future employer, get all of the above. And if you decide not to join, then you can talk to Maine Department of Health. The director there is very nice person. You can ask her what to do. I know she's going to be upset with your employer. But you have to be prepared. Remember, your future employer have made couple of commitments to State of Maine Department of Health, not only what to pay you fairly.... also treat you nicely to retain you after three years of waiver is up.

Your lawyer and recruitment agency should be able to help you with this also.

Do you have lawyer from Maine?

 

[mainewaiver]

thanks m_mig

Sorry to hear that. Did he say that why is he doing this?

--------- Greedxxxxx (may be) other than that I could not find any other reason. It's free money / black money. Showing on paper and keeping themselves is easy and tax free income.


First, how explicit is your original conract, of course it lists the salary but how about malpractice, relocation, other expenses; work condition, i.e. calls etc.

---- Salary wise it's very clear in the contract but every thing you mentioned, I have to pay.

Second, get the new offer in writing before doing anything else. This could be used for grounds for future waiver.

---- new offer means for the new job that I wanted look for or for the same position and new contract ? Please clarify!

Why do you have to wait for completion of residency to file for H1B? You should get LC before that. The salary will be entered here. This is done online and takes only couple of minutes. Employer have to certify this. This would be another piece of document you would have that would state your salary.


--- They issue license only after I finish my residency and with out license, I could not apply for H-1b. It's wholly interlinked messy system defined to make people become like slaves.


Before confronting your future employer, get all of the above. And if you decide not to join, then you can talk to Maine Department of Health. The director there is very nice person. You can ask her what to do. I know she's going to be upset with your employer. But you have to be prepared. Remember, your future employer have made couple of commitments to State of Maine Department of Health, not only what to pay you fairly.... also treat you nicely to retain you after three years of waiver is up.


----- My problem is not complaining. I can only complain after getting the first pay check to show them the proof. But I am trying to avoid that and move on without wasting time which is so valuable now. I have to wait for another 3 or 4 + months even to start with If I decide to stay and complain. But in the best interest of my career and time, I want to move forward now.

--------Question is -------I already have one waiver approval from INS in hand. Is there any possibility if I find another job and either to file another waiver with DOS / INS ?

---------please through some light here guys.

--------appreciate all your time.



Your lawyer and recruitment agency should be able to help you with this also.

----- lawyer is also their lawyer but my money.


Do you have lawyer from Maine?

---- do not have as I had to go by their lawyer.

 

[m_img]

---- Salary wise it's very clear in the contract but every thing you mentioned, I have to pay.
---- new offer means for the new job that I wanted look for or for the same position and new contract ? Please clarify!

--> I mean from the current employer. You need some reason why you want to leave him.

--- They issue license only after I finish my residency and with out license, I could not apply for H-1b. It's wholly interlinked messy system defined to make people become like slaves.

--> This waiver is for which year? I suppose it is Maine license. They require 24 months of residency. Call them up and tell them you already have 24 months, assuming this is your 3rd year of residency.

----- My problem is not complaining. I can only complain after getting the first pay check to show them the proof. But I am trying to avoid that and move on without wasting time which is so valuable now. I have to wait for another 3 or 4 + months even to start with If I decide to stay and complain. But in the best interest of my career and time, I want to move forward now.

--> I said earlier, get the new offer in writing and this time ask him to make it more detailed and final.

---- do not have as I had to go by their lawyer.

--> Is this lawyer located in State of Maine? If you're paying, then this is your lawyer. Is he AJ???

One last thing. You might have option for sueing for remaining wages after 3 years or when you leave. If you choose to leave at the end, please do report to Department of Health J1 waiver division. He should be never able to sponsor any J1 waiver.

 

[mainewaiver]

thanks m_img

hi m_img,

as I made it clear it is my priority now to seek another opportunity and move on. I do not want to waste my time worrying about how to sue them or what so ever.

this lawyer is different and the lawyer is in Boston area.

my question is : is there any way that I can apply for another J-1 waiver for another position if I can get one after having one waiver approval in hand ?

thanks

 

[wi_lca]

Hi

I think waiver is employer specific. So if you choose to go ahead and find another process then the whole process starts all over again..... Yeah it needs to be more employee friendly!! but what can a J-1 do anyway. I agree with the other poster, once this sorts out then you should lodge a written complaint with the maine health dept so he cant waste someone else's time, after having lured them in!!
Bye
Wi_Lca