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Uncollected Salary Hearing, should I be scared?

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  • Uncollected Salary Hearing, should I be scared?

    I have a pending case against the company I worked for or my sponsor for unpaid salaries. I
    also have a pending LC (043001) with this company.
    Question --
    Should I be scared? Really, I feel scared. What is my protection for coming out? I heard that this company has done this to many others but they never came out because of losing sponsorship. Should I be scared too?
    What is the worst thing that can happen to me?
    The lawyer that is working on my case is only a collection lawyer. They said they are not my lawyer for immigration matters. Should I get one?

  • #2
    I have a pending case against the company I worked for or my sponsor for unpaid salaries. I
    also have a pending LC (043001) with this company.
    Question --
    Should I be scared? Really, I feel scared. What is my protection for coming out? I heard that this company has done this to many others but they never came out because of losing sponsorship. Should I be scared too?
    What is the worst thing that can happen to me?
    The lawyer that is working on my case is only a collection lawyer. They said they are not my lawyer for immigration matters. Should I get one?

    Comment


    • #3
      Anybody? I need your opinion, please.
      Should I be scared of this person who caused so many miseries because his company has not paid me and now I am out of work.

      Comment


      • #4
        Many questions bothering me now..
        Is there a risk that I get deported because I no longer have a sponsor?
        I have been out of work 9 months now.
        How long am I allowed to stay so hopefully I can find a new sponsor?
        I have 245i (i guess), what privileges does this cover?
        I am exposing myself by reporting my employer for unpaid wages?
        Hope to hear from anyone..thanks.

        Comment


        • #5
          Unpaid salary is not uncommon among H-1B sponsors. I commend you for taking the dirtbags to court. If this H-1B sweat shop employed you as consultant and paid you only when you are employed by a third party employer, then you should ask your attorney if you can sue them for *ALL* the time you spent with the company.

          You say that you have been out of work for 9 months, did you get fired? If not, you should ask your attorney if you can sue them for 9 months of wages.

          I suggest you contact a *REPUTABLE* immigration attorney about your current situation.

          Do you mind metioning the name of your employer? You can always private message me if you do not want to disclose that information in a public forum.

          Comment


          • #6
            Thank you, bid.
            This last nine months, I didn't work because I cannot afford to put gas on my car and change the tires. I just did not have the means to go to work, so I stopped. I would not not stop if I have the means but this employer didn't pay me how can I support myself? Now, my family and friends are supporting us but I am so ashamed.
            As for the name of the company, I still have to ask my lawyer if I can divulge this.
            but anyways, I really appreciate your comments.
            Thanks.

            Comment


            • #7
              If I were not fired then you were employed for 9 months, working at home, without pay.

              If they did not pay you, then they also did not pay the IRS. You should ask your attorney to inform the IRS of unpaid taxes.

              Did they pay you for relocating? Did they refund your H-1B visa fees?

              If not, add these fees to their tab.

              If they did not refund you H-1B visa fees and the contract you signed with them is contingent on them obtaining a H-1B visa on your behalf, then your contract with your employer is null and void since you paid for your H-1B and the services of your employer. If this is the case, then you have hit the jackpot and you can charge them whatever you wish.

              Also, ask your immigration attorney to inform DHS of this company at the appropriate time.

              If I were you, I would inform the BBB of this company at the appropriate time and set up a web site informing the public about the practices of this company (it is not defamation if it's the truth).

              Remember a company does not have to a member of the BBB for you report the company to the BBB.

              I would like to hear about your progress. My e-mail is mule_d-i-c-k_of_atlantic[AT]hotmail[DOT]com

              Remove the - from d-i-c-k. I had to put the - since they filter out d-i-c-k as a bad word.

              Comment


              • #8
                I think the advice is solid from a breach of contract point of view and garnering lost wages, but what about the immigration side? If you're no longer employed for the last 9 month, then you've been out of status for that long as well. Won't that be a problem during the hearing and such? You never know if they might retaliate and report you to USCIS. I know the court jurisdiction isn't gonna overlap with those of immigration's, but never hurt to be prepare for everything.

                Comment


                • #9
                  That is why I am scared. Although my lawyer said these:
                  "California law is explicit that immigration status is irrelevant
                  in a wage and hour claim. Further, the Immigration Service does not allow
                  employers who violate the law to use the Immigration Service as a defense to
                  cases like yours. Further, the Immigration Service goes out of its way to make
                  sure there is no removal or deportation that results from an out-of-status alien
                  filing a wage case."

                  Comment


                  • #10
                    Having 245i gave me a little bit of confidence, but I really do not understand this act.
                    Does this protect me at all? I mean for staying here out of status and out of work? I am working hard in finding a new sponsor and I need an immigration lawyer too but can't afford it.

                    Comment


                    • #11
                      How can you be out of status if you were not fired?

                      I say nail the ****ers!

                      Comment


                      • #12
                        My h1b visa expired last June.
                        I don't think they renewed it since I reported them to DOL after practically begging for my salary. I was caught up and still is behind on my bills.
                        my hearing is on thd 29th of this month.
                        Thanks, bid.

                        Comment


                        • #13
                          Cha-Ching

                          http://www.murthy.com/news/n_concom.html

                          Comment


                          • #14
                            See: http://www.murthy.com/news/n_concom.html

                            All H-1B companies work on a fee-basis. An employer pays the H-1B sponsor depending on the number of hours worked by the consultant.

                            His fees were paid by his employer to his H-1B sponsor, who did not pay him or the IRS.

                            Comment


                            • #15
                              There is a "no benching" provision that states that the employer is required to pay for the agreed hours even in an unproductive state, when an employer does not provide work. In Dondie's situation this provision may not apply for nonproductive time due to non-work-related factors, such as voluntary absence or circumstances rendering the individual unable to work.

                              Also, would USCIS consider him out-of-status if he has not been receiving paychecks?

                              http://www.murthy.com/news/UDtermh1.html
                              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                              Comment

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