gcisadawg
08-10 11:31 PM
Congratulations !! Wish there was a "welcome kit" buddy ... but all you will receive is an I-797 ...welcome notice :)
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
It would be cool if there is a $1000 Gift card for Circuit city and a $1000 Gift card for Home depot along with the welcome notice. The newly minted PR can expedite his decision to buy a home that has been pending for the lack of GC and spend the gift cards to accessorize it!
-n4nature
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coolstonesa
05-03 07:04 PM
Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
desi3933
07-09 09:49 PM
Supreet:
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
...... As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary. You do *not* need to provide ant paystubs. ......
Supreet -
I strongly dispute that. I encourage you to consult an attorney before taking any action.
AC-21 job must be "permanent and full-time" just like I-140. Simple. Infact, please put your question in attorney forum and get it confirmed right there.
.
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dsairam
12-19 04:24 PM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
more...
archanais
07-04 06:09 PM
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement letter.They are ready to do corp-to-corp, forthat have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost.
To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
:( I am almost in tears.
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement letter.They are ready to do corp-to-corp, forthat have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost.
To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
:( I am almost in tears.
sanz
04-16 12:58 PM
nice work digging old threads
more...
REDS
11-06 01:47 PM
I too am sailing in the same boat.
Opened an SR yesterday with USCIS for FP.
my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.
Opened an SR yesterday with USCIS for FP.
my 485 was filed with TSC on july 17 and have got EAD and AP but no FP so far.
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blackberry
08-27 09:52 AM
Bump..
more...
raghav235
08-15 11:11 AM
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
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shantak
03-18 06:27 PM
Called two weeks ago as per my post above. No FP yet. At this point I don't even care anymore... :(
Thats a good way to lead the life, but this immigration process is taking a big toll . Hope we all come out of this
Thanks everyone for providing an update. Atleast that gives an idea as to how many are still waiting. Please update accordingly
Thats a good way to lead the life, but this immigration process is taking a big toll . Hope we all come out of this
Thanks everyone for providing an update. Atleast that gives an idea as to how many are still waiting. Please update accordingly
more...
sam2006
08-23 01:44 PM
Congratulations..my application was received by NSC on July 2nd too, and I haven't received anything yet..hope i will get it sometime soon...so are all the applications that went to NSC on July2nd are getting transfered to TSC ??
I guess only for 140 approved in TSC are getting transfered to TSC
I guess only for 140 approved in TSC are getting transfered to TSC
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ramus
07-07 10:53 PM
Where you getting your number from? Did you already set up poll?
Hope somebody is serious out there, just kidding
Hope somebody is serious out there, just kidding
more...
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humdesi
12-16 06:59 PM
Wouldn't count on that too much. Check how many people came in on H-1B just prior to those years. Then look at the annual per-country quota.
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
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alterego
12-10 12:58 PM
Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
That would perhaps have been true 25 yrs ago when capital was relatively locked in.
The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.
The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.
This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
That would perhaps have been true 25 yrs ago when capital was relatively locked in.
The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.
more...
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Macaca
04-06 01:36 PM
With deafening member response to financial contribution, contacting legislator and contacting media, we will be here very soon. Please contact reporter for professional help.
Some paras from Criteria for Depression Are Too Broad, Researchers Say Guidelines May Encompass Many Who Are Just Sad (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201693.html), By Shankar Vedantam (http://projects.washingtonpost.com/staff/email/shankar+vedantam/), Washington Post Staff Writer, Tuesday, April 3, 2007
Up to 25 percent of people in whom psychiatrists would currently diagnose depression may only be reacting normally to stressful events such as a divorce or losing a job, according to a new analysis that reexamined how the standard diagnostic criteria are used.
The study also suggested that drug treatment may often be inappropriate for people who are experiencing painful -- but normal -- responses to life's stresses. Supportive therapy, on the other hand, may be useful -- and may keep someone who has been through a divorce or has lost a job from going on to develop full-blown depression.
The cost of not looking at context is you think anyone who comes under this diagnosis has a biological disorder, so should more or less automatically get antidepressant medication, and everything else is superfluous," said lead author Jerome Wakefield, a New York University researcher who studies the conceptual foundations of psychiatry. "There is a trend to treat people in this somewhat mechanized way."
Said First: "One issue this would play out at is at the level of medication. If someone has a normal grief reaction, you wouldn't give that person an antidepressant, you would favor counseling. If someone has major depression you would be more likely to medicate. So this could influence how clinicians think about medications or psychotherapy."
Some paras from Criteria for Depression Are Too Broad, Researchers Say Guidelines May Encompass Many Who Are Just Sad (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201693.html), By Shankar Vedantam (http://projects.washingtonpost.com/staff/email/shankar+vedantam/), Washington Post Staff Writer, Tuesday, April 3, 2007
Up to 25 percent of people in whom psychiatrists would currently diagnose depression may only be reacting normally to stressful events such as a divorce or losing a job, according to a new analysis that reexamined how the standard diagnostic criteria are used.
The study also suggested that drug treatment may often be inappropriate for people who are experiencing painful -- but normal -- responses to life's stresses. Supportive therapy, on the other hand, may be useful -- and may keep someone who has been through a divorce or has lost a job from going on to develop full-blown depression.
The cost of not looking at context is you think anyone who comes under this diagnosis has a biological disorder, so should more or less automatically get antidepressant medication, and everything else is superfluous," said lead author Jerome Wakefield, a New York University researcher who studies the conceptual foundations of psychiatry. "There is a trend to treat people in this somewhat mechanized way."
Said First: "One issue this would play out at is at the level of medication. If someone has a normal grief reaction, you wouldn't give that person an antidepressant, you would favor counseling. If someone has major depression you would be more likely to medicate. So this could influence how clinicians think about medications or psychotherapy."
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raju123
07-06 09:42 AM
In a mean time we should inform media for the flower delivery in a Mahatma Gandhi suggested way to protest injustice.
Some one with a good English please draft a letter and we all will send it to all media.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
Some one with a good English please draft a letter and we all will send it to all media.
Media will not let it go...ALL THEY NEED IS NEWS!!! Which is new...Let us give a shot.
Just idea.
more...
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joeshmoe
06-05 09:26 AM
Hello!
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
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ArkBird
09-09 07:07 PM
Visa Bulletin October 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html)
Fcuk!
Just when I thought about quitting Drinking... Oh Well... back to the booze...
Fcuk!
Just when I thought about quitting Drinking... Oh Well... back to the booze...
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franklin
05-24 07:04 PM
emailed 2 + 9 (again - 1 in common)
Also - emailed both personal contacts at my state senators offices with whom I (and a group of other state members) visited over the last month and a half to re-iterate general IV goals and to state strong opposition to S1348.
I have received personal responses back from both Feinstein and Boxer at this point.
Also - emailed both personal contacts at my state senators offices with whom I (and a group of other state members) visited over the last month and a half to re-iterate general IV goals and to state strong opposition to S1348.
I have received personal responses back from both Feinstein and Boxer at this point.
kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
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