Salary

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dave1234

Registered Users (C)
I have very unique issue regarding my salary. My company says they will not pay me the salary stated in the LC as the difference is significant. After the approval they will lay me off and then rehire with the same old salary. Is there anything wrong with this? I am in some kind of problem here? Is it legal to do this? I am concerned. What will happen after they lay me off? Can I join another company at that time?

Please let me know. Any body in the same situation and with a approved GC can answer me promptly. My case was filed in NSC in May 2003. I am feeling concerned.

Thanks

Dave
 
dave1234 said:
I have very unique issue regarding my salary. My company says they will not pay me the salary stated in the LC as the difference is significant. After the approval they will lay me off and then rehire with the same old salary. Is there anything wrong with this? I am in some kind of problem here? Is it legal to do this? I am concerned.
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Legally? It's fraud. After your I-485 approval, your employer is supossed to give you "promised" salary. If they don't pay you, from legal viewpoint that is certainly wrong. And your employer knows it and that's why they will lay you off and then re-hire you. It should not create any problem as long as your employer still support you for your GC procerssing - I mean, providing EVL and other documents for any potential RFE/interview.

dave1234 said:
What will happen after they lay me off? Can I join another company at that time?
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You will be unemployed and eligible for unemployment benefit. :eek:
Yes, you can join another company that time. In fact, if you already passed 180 days after I-485 receipt date, you can join new company now, provided new job in similar and your new employer agrees to support your GC processing.
 
If your I140 is approved, you are free to join any other employer with similar job resposibilities.
 
Thanks for hope

Pralay, UN and armie,

Thanks for your input. I know I can get a better job than this but I do not want any complications. My boss is willing to give whatever required for my GC. Only problem is Salary and as a Desi company they wants to suck money without giving much to us.

Can I switch job during the lay off? What will happen during citizenship? As lots of members suggests to stay 6 months after approval I was thinking of staying for 6 months and leaving this job for a better one. But now that I am forced to go off I am looking for my options.

How can we notify USIC about this illegal practices? Surely I will let them know about this practice.

Thanks

Dave
 
dave1234 said:
Pralay, UN and armie,

Thanks for your input. I know I can get a better job than this but I do not want any complications.
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In my opinion, using AC21 to change employers will result in less complications than continuing with your current company which is not paying the wages stated in LC.
 
One of my friend has similar issue, His 140 is approved and 485 is under process (RD Dec 2003). He is getting about 10 K less than approved in labor. Is it fraud? His employer says this is future job so we will match with labor once 485 is approved. Is it OK?
 
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