Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
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PDOCT05
07-19 09:44 AM
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Chanda
08-12 12:59 PM
Done..
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satishku_2000
02-01 01:10 PM
What is IV's position on more H1Bs?
more...
smsthss
09-17 11:32 AM
immigration thing being discussed
snathan
06-11 04:27 PM
1. You have the insurance company on your side to defend
2. Until the judgment goes against you or you run away, you do not need to worry about freezing bank account
3. In worst case, during the judgment time they will consider your family, two kids. They are not heartless people and it�s just an accident. That guy must be insane to ask 3.25 million. I couldn�t believe the whiplash injury especially when the damage was <$1500. I just assume the impact must be very minimal.
My advice is, don�t lose your hope and sleep. You insurance company is there with you to defend. Keep in touch with them and respond promptly to court notice or any letters. You do not need to withdraw your GC. Worst case if everything goes against you declare bankruptcy and leave the country legally. So if you want to come back in the future, you won�t have much problem.
When you don�t have anything to lose�why do you worry. Keep it cool and every thing will be fine. Seems like those guys wanted to have retirement with your money.
Dont Panic....
2. Until the judgment goes against you or you run away, you do not need to worry about freezing bank account
3. In worst case, during the judgment time they will consider your family, two kids. They are not heartless people and it�s just an accident. That guy must be insane to ask 3.25 million. I couldn�t believe the whiplash injury especially when the damage was <$1500. I just assume the impact must be very minimal.
My advice is, don�t lose your hope and sleep. You insurance company is there with you to defend. Keep in touch with them and respond promptly to court notice or any letters. You do not need to withdraw your GC. Worst case if everything goes against you declare bankruptcy and leave the country legally. So if you want to come back in the future, you won�t have much problem.
When you don�t have anything to lose�why do you worry. Keep it cool and every thing will be fine. Seems like those guys wanted to have retirement with your money.
Dont Panic....
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deletedUser459
06-14 05:41 PM
good job!
welcome to the forum
welcome to the forum
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ashkam
06-11 08:58 AM
Whatever you do, don't flee the country. You might never be able to reenter again. And I don't know what kind of extradition treaty the US has with India so I don't know if fleeing will even help. I would say defend yourself and cross other bridges as they arrive.
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hope4gc
01-22 11:41 AM
Smisachu,
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
One more question for now
Do i need to apparoach an immigration lawyer and a CPA for setting up a company?
I have PMed you with some questions you have asked
Thanks
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whoever
02-07 04:51 PM
can someone draft a template like the nurses letter to congress for us with subject "Please provider retrogression relief for Employment Based Immigrants." and the body of the letter with the provisions and proposals including "recapture of unused visas". I feel the nurses will deplete our unused visas by recapturing unused ones several times and we may not have that option anymore.
more...
prashanthg
08-19 03:25 PM
Total AOS applications pending as of June-2008 is 740,969.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
Some of my assumptions are from previous posts (may be from vdlrao's posts).
I assumed that the EB3 numbers are split between India/China and ROW.
EB3-I could be as high as 40% - I could be wrong.
I would like to see some guru's comment on these numbers.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
Some of my assumptions are from previous posts (may be from vdlrao's posts).
I assumed that the EB3 numbers are split between India/China and ROW.
EB3-I could be as high as 40% - I could be wrong.
I would like to see some guru's comment on these numbers.
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raj3078
03-08 02:57 PM
I have said this before too....Rather than 9000 untrustworthy members, we should only have 900 trustworthy....
Get people with fake email address out of forum...It will also get rid of someone who is from say NumberUSA.
Make people with questions pay for answers. How about creating a system in which members do not answer to anyone's question untill he mentions about his contribution to this organization?
Raj
Macaca, you are so right in asking those blunt questions but is that going to make a difference? I dont think so, your audience here is very thick skinned and will come up with all the BS in the world to not contribute.
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
Get people with fake email address out of forum...It will also get rid of someone who is from say NumberUSA.
Make people with questions pay for answers. How about creating a system in which members do not answer to anyone's question untill he mentions about his contribution to this organization?
Raj
Macaca, you are so right in asking those blunt questions but is that going to make a difference? I dont think so, your audience here is very thick skinned and will come up with all the BS in the world to not contribute.
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
more...
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meridiani.planum
08-23 05:24 AM
Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
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walking_dude
11-14 11:48 AM
...........
What do you mean by inactivity of a collective "YOU" ? Inactivity in taking on people like Lou or inactivity on participating IV campaigns to get GC quickly ?
.............
Both. Inactivity and uncaring for personal and community interest is the root cause of both GC issue as well as increasing authenticity Lou Dobbs views have been gaining in media (spawning copy-cats in the process).
......
Lets face it, He has the highest ranking show in CNN. Most people who indulge in populist propaganda will be successful , at least in the short run. You need a HUGE propaganda machine even to attempt to take on him. Just read the transcripts of his program to find what kind of words he used against Newyork governor (Indicative of his arrogance from success).
..............
I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.
On the other hand if some one gives me a look based on how I look, they will give it even after I get my GC and Citizenship. The mugger will not ask me my visa status. I get mugged even after I became a citizen.
That's why I say it - You are the victim. You should care.
This is not to support the inactivity. I appreciate the efforts put in by one and all and I believe those actions help reduce the suffering.
This is just to point out the fact that some members wittingly or unwittingly suggesting that not having GC is cause for all problems. It certainly help alleviate some but it is not a cure all.
Once again I am merely trying to they are two different issues.
Real issue in both situations is inaction which is harming our community.
Did I post something about GC here? I'm not the one linking GC with Lou Dobbs !
Now that you've linked them, let me put it this way - As long as Lou Dobbs keeps berating "cheap imported labor", and has a "perceived" majority acceptance of his views
1) forget any recapture of EB numbers
2) forget any increase in GC numbers
Did I make myself clear!
What do you mean by inactivity of a collective "YOU" ? Inactivity in taking on people like Lou or inactivity on participating IV campaigns to get GC quickly ?
.............
Both. Inactivity and uncaring for personal and community interest is the root cause of both GC issue as well as increasing authenticity Lou Dobbs views have been gaining in media (spawning copy-cats in the process).
......
Lets face it, He has the highest ranking show in CNN. Most people who indulge in populist propaganda will be successful , at least in the short run. You need a HUGE propaganda machine even to attempt to take on him. Just read the transcripts of his program to find what kind of words he used against Newyork governor (Indicative of his arrogance from success).
..............
I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.
On the other hand if some one gives me a look based on how I look, they will give it even after I get my GC and Citizenship. The mugger will not ask me my visa status. I get mugged even after I became a citizen.
That's why I say it - You are the victim. You should care.
This is not to support the inactivity. I appreciate the efforts put in by one and all and I believe those actions help reduce the suffering.
This is just to point out the fact that some members wittingly or unwittingly suggesting that not having GC is cause for all problems. It certainly help alleviate some but it is not a cure all.
Once again I am merely trying to they are two different issues.
Real issue in both situations is inaction which is harming our community.
Did I post something about GC here? I'm not the one linking GC with Lou Dobbs !
Now that you've linked them, let me put it this way - As long as Lou Dobbs keeps berating "cheap imported labor", and has a "perceived" majority acceptance of his views
1) forget any recapture of EB numbers
2) forget any increase in GC numbers
Did I make myself clear!
more...
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ca_immigrant
09-11 01:51 PM
SBI....
I used ICICI for 7 years....was always ok with the serivce ...did not have anything much to complain....
I did not know about SBI service being available....a few days back someone on IV forum told me to try SBI....I tried it out....
If ICICI charged me 50 paise per dollor SBI charged only 25 paise per dollor....(come one it is not free with anyone... -;)
I used SBI twice so far.....quite happy.....more over feel glad to use a nationalised bank -:)
compared to ICICI ...on a different note....my wife opened an NRI account with ICICI 5 years back and since then I have been trying to add myself as a joint acount holder....starngely ICICI's "excellent" customer service has not yet been able to do it....:confused:....I might as well give up....lol...
I used ICICI for 7 years....was always ok with the serivce ...did not have anything much to complain....
I did not know about SBI service being available....a few days back someone on IV forum told me to try SBI....I tried it out....
If ICICI charged me 50 paise per dollor SBI charged only 25 paise per dollor....(come one it is not free with anyone... -;)
I used SBI twice so far.....quite happy.....more over feel glad to use a nationalised bank -:)
compared to ICICI ...on a different note....my wife opened an NRI account with ICICI 5 years back and since then I have been trying to add myself as a joint acount holder....starngely ICICI's "excellent" customer service has not yet been able to do it....:confused:....I might as well give up....lol...
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ajs4123
10-24 11:07 AM
I also got email from CRIS last night stating that my I-129 has been reopened.
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
I have a very simple immigration history:
I-129 filed and approved April 2005, petition expires 3/30/2008; only ever worked for this same company.
No H-1B extensions ever filed, no H-1B transfers ever done, no previous history of US immigration prior to April 2005.
Labor, I-140 and I-485 were filed November 2006; I-140 approved February 2007, I-485 approved June 2007, EB2 green card arrived June 2007.
There was a LUD on the I-140, in August, but that was about the same time as a bunch of other people got LUDs on cases starting SRC07... seems like I can disregard that.
There was also a LUD on the I-129 without a status change later in August. No explanation for that was apparent.
And now I get a notice on 10/23/2007 saying that the I-129 has been re-opened and that something will happen within the next 30 days. I'll be sure to keep you all updated if I get anything like an actual I-797 notice through the mail.
Did anyone else get anything on October 23rd?
more...
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leoindiano
03-13 10:19 AM
One step closer.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
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kavita
09-17 02:04 PM
Next they are going to work on the HORSE SLAUGHTER bill !!!!! :( :(
I heard the Chair mention this
And the republicans are going to oppose that too, which means there will be no time for HR 5882...
:(
I heard the Chair mention this
And the republicans are going to oppose that too, which means there will be no time for HR 5882...
:(
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kshitijnt
01-31 06:48 PM
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
raj3078
03-08 02:57 PM
I have said this before too....Rather than 9000 untrustworthy members, we should only have 900 trustworthy....
Get people with fake email address out of forum...It will also get rid of someone who is from say NumberUSA.
Make people with questions pay for answers. How about creating a system in which members do not answer to anyone's question untill he mentions about his contribution to this organization?
Raj
Macaca, you are so right in asking those blunt questions but is that going to make a difference? I dont think so, your audience here is very thick skinned and will come up with all the BS in the world to not contribute.
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
Get people with fake email address out of forum...It will also get rid of someone who is from say NumberUSA.
Make people with questions pay for answers. How about creating a system in which members do not answer to anyone's question untill he mentions about his contribution to this organization?
Raj
Macaca, you are so right in asking those blunt questions but is that going to make a difference? I dont think so, your audience here is very thick skinned and will come up with all the BS in the world to not contribute.
I think we should not allow Leechers to start new threads. Conservation of resources should also be on the priority list when raising the money is such a difficult task.
Well said, logic life too.
__________________________________________________ ____
$20 recurring contribution since Jan 2007
rockstart
07-02 11:17 AM
Here is what I guess people are scared of
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
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