gc28262
07-31 07:42 AM
This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
abhi_jais
01-31 10:38 AM
Here is the Text of Bill:
Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)
Bill Summary & Status - 112th Congress (2011 - 2012) - S.6 - THOMAS (Library of Congress) (http://thomas.loc.gov/cgi-bin/bdquery/D?d112:6:./temp/~bdl3Rj::|/bss/|)
ras
04-03 01:16 AM
The letter is dated as
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
Date: Jan 8, 2008
and it mentions at the end
'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'
so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.
If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?
The reasons for delay are financial adjustments.
He is now going to send the tax returns for 2007 which has been asked.
braindrain
09-03 01:25 PM
Any help??
more...
kirupa
11-11 01:07 PM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
:)
jonty_11
07-23 04:49 PM
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
well if u dont have receipt hance no EAD/AP, you are at their mercy forever.
well if u dont have receipt hance no EAD/AP, you are at their mercy forever.
more...
singhsa3
12-16 09:26 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
floridasun
01-26 05:00 PM
Charlotte, NC. decent Indian population and growing,nice weather, midway between NY and ATL
more...
dixie
09-17 11:29 AM
What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
regacct
11-24 09:17 AM
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
"Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.
more...
siva008
02-24 09:07 PM
Thank you nousername, any suggested Attorney please advice
chanduv23
10-28 04:55 PM
Happy Diwali. Do not lose hope.
Shraddha and Saburi wins the game.
What game and who are these people?
Shraddha and Saburi wins the game.
What game and who are these people?
more...
java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
cloud 9
08-01 11:22 AM
is it allowed to download these?
You can use following Firefox addon for youtube video downloads:
https://addons.mozilla.org/en-US/firefox/addon/13990/
You can use following Firefox addon for youtube video downloads:
https://addons.mozilla.org/en-US/firefox/addon/13990/
more...
greenerpastures
07-21 12:45 PM
MScapbust,
Lots of people have done H1-F1-H1 in the past and they are not counted against the quota. You can search for various attorney's (including Rajiv of immigration.com and Murthy of murthy.com) answers for ur specific question either in their websites or thru google. I did some research on this specific thing in the past and also had confirmed with immigraion HR in my company. So I am pretty much sure that you are not counted against the cap. You would need to apply before the visa (F1/opt period) expires so that you dont get to stay in US without any valid visa. so no hurry and dont worry about adv degree cap.
Lots of people have done H1-F1-H1 in the past and they are not counted against the quota. You can search for various attorney's (including Rajiv of immigration.com and Murthy of murthy.com) answers for ur specific question either in their websites or thru google. I did some research on this specific thing in the past and also had confirmed with immigraion HR in my company. So I am pretty much sure that you are not counted against the cap. You would need to apply before the visa (F1/opt period) expires so that you dont get to stay in US without any valid visa. so no hurry and dont worry about adv degree cap.
goel_ar
12-18 06:05 PM
Hi All,
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
more...
augustus
07-17 05:57 PM
I am overjoyed to the extent of tearing up!! I cannot thank IV and all the people who have made an effort at turning this table.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
pushkarw
12-21 01:13 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
GCwaitforever
02-09 05:50 PM
If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
krishna.ahd
11-23 09:53 AM
if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess
Something is not right here .
If your are doing/Completing MBA , you may get all the information from your international /Student guidance office.
Again Just curious - your English (spellings) why is so - SMS format ??
Something is not right here .
If your are doing/Completing MBA , you may get all the information from your international /Student guidance office.
Again Just curious - your English (spellings) why is so - SMS format ??
jonty_11
07-11 03:07 PM
as long as ur empoyer can show that he is in good standing and can pay u..u shud be OK...
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