HRPRO
02-23 04:17 PM
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
anancish
CA Law very clearly states all employee dues including vacation payouts will have to be cleared within 72 hours of the employees last day. Unless you have signed any agreement to withhold your salary, your employer has no right to withhold the amount.
Even if you signed such an agreement and they withheld a penny more, feel free to call the DoL and your ex-employer will become an ex-employer
wallpaper of an all star line up the
sanju
02-23 04:44 PM
allow me to illustrate my point
gt8Y93k0pB0
.
gt8Y93k0pB0
.
smmakani
04-12 07:25 PM
i have been trying a lot to convince my friends to sign up but it is useless man. unless they feel the pain they dont see it. for most of the 20$ is nothing but they will not sign up for iv..
Then lets pay for one more guy till you get him in. Don't give up, take this as challenge. I will sign up rrightnow for one more guy till I don't get one in.
Do you agree?
Then lets pay for one more guy till you get him in. Don't give up, take this as challenge. I will sign up rrightnow for one more guy till I don't get one in.
Do you agree?
2011 Unfortunately, that jerk
tejonidhi
01-04 01:44 PM
Hello Everybody,
I know many of us are frustrated because of EAD delay. I am one of them and today I called up USCIS.
Here is the sequence.
1) 1 800 375 5283
2) 1,2,2,6,1 receipt notice# 1,3,4
3) you will have to wait for 10 to 15 minutes and one of the officer will come online for you.
4) at least they will give you information about your case ( mine is sent to some storage and they had to issue an expedite request to get it processed again. I am july 2 filer with notice dat of sept 8,2007 3 infopass apointments, 1 SR). the officer has access to look at the file and can give you appropriate information( they are not like regular service agents who will read what you see on USCIS.gov).
5) as of now they told me that I will information from USCIS in 2 weeks.
All the best
I know many of us are frustrated because of EAD delay. I am one of them and today I called up USCIS.
Here is the sequence.
1) 1 800 375 5283
2) 1,2,2,6,1 receipt notice# 1,3,4
3) you will have to wait for 10 to 15 minutes and one of the officer will come online for you.
4) at least they will give you information about your case ( mine is sent to some storage and they had to issue an expedite request to get it processed again. I am july 2 filer with notice dat of sept 8,2007 3 infopass apointments, 1 SR). the officer has access to look at the file and can give you appropriate information( they are not like regular service agents who will read what you see on USCIS.gov).
5) as of now they told me that I will information from USCIS in 2 weeks.
All the best
more...
punjabi77
07-17 04:47 PM
Emailed and Faxed the letter to Saxby Chambliss, US senator of Georgia
Lasantha
08-22 02:21 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
Does anyone know what the legislation is?
I don't think so. Your PD is still relevent. Only those people whose PD is current will get their GCs no matter what the RD is.
more...
sc3
11-14 10:52 PM
But the thing is how i am gonna prove that i am paying money every month $500 for my H1. In my Pay stub they are saying "CASH ADVANCE DEDUCTION" = $500
When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.
Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.
When you "joined" them what was your situation? Were you previously on H1? When did you learn the fact that employer is not supposed to ask for money from the employees? If you knew these facts before you joined, and you joined them because of your situational needs, you may be considered a party to the fraud yourself. So if you did know about these situations beforehand, it is in your best interests to stick around till the contracted period and then decide on your next course of action.
Your recourse to the law will be only when you are without guilt, from most of my understanding of how "desi blood suckers" work, they are not the only one taking advantage of you. In most, if not all, cases, people joining them do so because of their weak situation.
2010 All-star boyfriend Ronnie
shana04
02-23 05:13 PM
Not sure what Shana wants, looks like he is feeling insecure about the whole process of changing jobs or layoffs etc....
He wants assurance that AC21 works fine and he will not have any issues.
I can only say - AC21 protects you, but cannot guarantee the ride will be smooth.
Chandu,
It is not about me and I have used AC21 with H1 and now on I using EAD.
I had bumps on my way with RFE and sorted out with my attorney.
All I am asking is in general for every one who are on this I-485 (freeway).
I would personally prefer paying tolls and had a smooth ride, but thats not an option for me.
Good luck to you!
He wants assurance that AC21 works fine and he will not have any issues.
I can only say - AC21 protects you, but cannot guarantee the ride will be smooth.
Chandu,
It is not about me and I have used AC21 with H1 and now on I using EAD.
I had bumps on my way with RFE and sorted out with my attorney.
All I am asking is in general for every one who are on this I-485 (freeway).
I would personally prefer paying tolls and had a smooth ride, but thats not an option for me.
Good luck to you!
more...
ashkam
05-13 12:51 PM
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
What are you talking about? There are a limited number of green cards each year. The US wants the best of the best to get these green cards. Therefore, more preference is given to those with a higher degree or more experience. What's unjust or unfair about that? The trick is to look at things from the American perspective and not from the immigrant perspective.
And for the record, I am an EB3.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
What are you talking about? There are a limited number of green cards each year. The US wants the best of the best to get these green cards. Therefore, more preference is given to those with a higher degree or more experience. What's unjust or unfair about that? The trick is to look at things from the American perspective and not from the immigrant perspective.
And for the record, I am an EB3.
hair NBA Jam All Star team.
swami_nag
02-15 06:46 PM
I agree with the increased demand, but again this isnt a result of the booming economy all these years
This is a result of the same bodyshoppers luring these wives to a profession their MS specialization wasnt based off, why would someone majoring in Electrical Engineering need to be a QA engineer and also get
Weed out these consultants or alteast adjudicate cases carefully to clear the clogged up system
This is a result of the same bodyshoppers luring these wives to a profession their MS specialization wasnt based off, why would someone majoring in Electrical Engineering need to be a QA engineer and also get
Weed out these consultants or alteast adjudicate cases carefully to clear the clogged up system
more...
gcisadawg
01-14 09:26 PM
Crazy,
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
hot #39;Top Chef All-Stars#39; Recap:
sledge_hammer
01-15 03:43 PM
When I posted that reply I didn't for once think it could be taken as anything other than a joke! If you are going through a debate in your mind whether its a joke or not, then I will have to revisit what I wrote to see what it is I am missing :)
i'll take this as joke.
Trust me, if he wants to kill you, he won't ask for your money.
If he asks for your money/car, he doesn't intend to kill you.
i'll take this as joke.
Trust me, if he wants to kill you, he won't ask for your money.
If he asks for your money/car, he doesn't intend to kill you.
more...
house Share All on The Jerk Box
shimul99
10-25 03:51 PM
I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
tattoo Then be a jerk and ask some
Mohit_Malkani
05-23 08:21 AM
Does anybody have their I140 being processed at the Vermont SC??? Anyone have any idea on why the date has been stuck at 1 Apr 2006 for such a looooooooong time???:mad:
more...
pictures The knee-jerk reaction in this
newuser
05-07 09:42 AM
Count me in. Did attend the 2007 rally.
Any one from Philly area for a car pool?
Any one from Philly area for a car pool?
dresses for Honda Campus All-Star
bkr
08-25 12:20 PM
Yes, I am also in the same boat. Filed my 9th year extension in March, responded RFE during 1st week of August. Mine will be expiring in 3 more days. Hoping to get the extension soon.
more...
makeup All-Star player
wandmaker
09-11 04:16 PM
I am thinking of buying a home without waiting for GC approval. Just want to see the trend....
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
Honestly, you do not need a poll to own house, it is a personal choice.
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
Honestly, you do not need a poll to own house, it is a personal choice.
girlfriend Featuring an all-star ensemble
alterego
11-03 12:45 PM
I know this is not releated with Immigration. If you dont want to answer, that is fine. Just ignore this.
I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.
What is the 30% for? Anyone with details on that.
I have money crunch in US. I have accumulated huge debt in my CC. In past I have sent some money to India, but now when I ask my parents to send it here, they tell it is not possible without losing 30%. This is what they heard from my bank. Any Idea on how to get money from India from my own account to which I have sent from here.
What is the 30% for? Anyone with details on that.
hairstyles KAKO amp; HIS ALL-STARS cool jerk / a golpe de timbal, 7INCH (SP) for sale on
GCapplicant
07-19 10:07 AM
Where is the poll?
EB3/FEDEX delivered on 02-Jul-07 at 8.26 AM
EB3/FEDEX delivered on 02-Jul-07 at 8.26 AM
boreal
04-14 06:54 PM
Sorry to hear this. Regarding medical insurance, your company has to offer you COBRA..you will end up paying almost twice the premium that you have been paying so far, but it would still be better than you footing the delivery charges (10k - 25K). Continue CORBA atleast till the deliver and post-partum - for as long as possible..
Terminating you in your ninth month pregnancy is probably against the law, i think if you can prove it, you might be able to sue your employer, check your local state laws..
Good luck..!
Terminating you in your ninth month pregnancy is probably against the law, i think if you can prove it, you might be able to sue your employer, check your local state laws..
Good luck..!
coopheal
10-02 07:46 AM
Thanks for the info.
I think so
Link:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
I think so
Link:
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
No comments:
Post a Comment