bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
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ZyrenM
03-27 12:29 AM
hmmmm how odd....hope its not doing that to anyone else
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laksmi
01-30 10:51 AM
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rdehar
10-05 04:19 PM
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zephyrr
05-28 10:28 AM
looks like they are now processing jul-aug 2003 cases, i got mine on may 21st, i'm a jul 2nd filer with pd jul 2003.
I got my Welcome Notice and actual card today (in separate envelopes). Status was updated exactly a week ago - last Tuesday.
India, EB2
PD : August, 2003
I got my Welcome Notice and actual card today (in separate envelopes). Status was updated exactly a week ago - last Tuesday.
India, EB2
PD : August, 2003
jaggubhai
05-17 10:19 PM
My wife is currently in the US on H4 Status and she is taking classes at a local university on a part time basis.
We are planning to go for our visa revalidation next month.
How should i answer DS 156 Question #33.Do you intend to study in the US? for my wife?
I think i should answer yes since she will continue taking classes after we come back to the US. Will this be an issue since she is on H4?
Thanks for your response in advance.
We are planning to go for our visa revalidation next month.
How should i answer DS 156 Question #33.Do you intend to study in the US? for my wife?
I think i should answer yes since she will continue taking classes after we come back to the US. Will this be an issue since she is on H4?
Thanks for your response in advance.
more...
arunoman
08-30 03:05 PM
Is it possible to change to Consular processing while I-140 and I-485 is in pending.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
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gparr
June 26th, 2004, 09:21 AM
Your image: I like it a lot. Well done!
Welcome to dphoto and don't worry about the English. We just care about the images. Keep shooting and posting and, when you need help, ask questions.
Gary
Welcome to dphoto and don't worry about the English. We just care about the images. Keep shooting and posting and, when you need help, ask questions.
Gary
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kirupa
11-18 04:34 AM
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pani_6
12-15 02:28 PM
To buttress IV strategy any tasks for members during the holiday season..I understand we dont dicuss any strategies in open Forums..but to support your strategies during the holiday season?..people will have a little more free time..so we can involve in writing / meeting senators!??..
There is only lill time before the senate opens again!
There is only lill time before the senate opens again!
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rajeshalex
07-22 08:01 AM
Hi All,
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
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martinvisalaw
07-08 07:10 PM
See the answers below, IN CAPS
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
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saibabu_d
08-20 03:55 PM
I've already paid 100$ for this rally. I can pay another 100$ if needed.
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jonty_11
07-24 12:46 PM
if u are still on Old company payroll...and that is who u entered in ur form - u shud be OK....
If u ahve already jumped ship....there may/may not be an RFE...
Like everything else with USCIS...this falls in gray zone too.
If u ahve already jumped ship....there may/may not be an RFE...
Like everything else with USCIS...this falls in gray zone too.
more...
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gkp.gaurav
06-29 02:47 PM
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kriskris
06-24 03:38 PM
Hello Gurus,
Can we use an Existing Adv. parole Document that was stamped at the POE this year be used Again for Travel Purpose. It has a Valid date and expires in September '08. I am planning to visit europe next week and i couldn't find the 2nd AP Document that was never used.
Please comment!
Yes you can.
I specifically asked this question to the IO at POE. He said I should use the already stamped one not the new one. Please make sure to carry extra copies.
Can we use an Existing Adv. parole Document that was stamped at the POE this year be used Again for Travel Purpose. It has a Valid date and expires in September '08. I am planning to visit europe next week and i couldn't find the 2nd AP Document that was never used.
Please comment!
Yes you can.
I specifically asked this question to the IO at POE. He said I should use the already stamped one not the new one. Please make sure to carry extra copies.
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ho_gaya_kaya_?
11-20 08:41 PM
Another rule of thumb is that if you do not know whether your date is current or not- then you are probably not current :)
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STAmisha
08-06 10:25 AM
I have applied I-140 and I-485 on July 2. I think I forgot to attach one experience letters to it. Can I attach it to that I-140 after getting the receipt #? what is the procedure?
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vin13
06-24 07:55 PM
Hi,
I've read conflicting information on whether one is eligible to receive unemployment benefits.
Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.
So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?
thanks
Yes, a derivative spouse can avail unemployement benefits and not jeopardize green card. Make sure she is eligible as per state laws. Each state has a different rule on who is eligible. Do some homework by calling your local unemployement office. I know of at least couple of immigration lawyers who discussed this on their newsletters. I know sheela murthy's website had that info too. Google for it and read.....
I've read conflicting information on whether one is eligible to receive unemployment benefits.
Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.
So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?
thanks
Yes, a derivative spouse can avail unemployement benefits and not jeopardize green card. Make sure she is eligible as per state laws. Each state has a different rule on who is eligible. Do some homework by calling your local unemployement office. I know of at least couple of immigration lawyers who discussed this on their newsletters. I know sheela murthy's website had that info too. Google for it and read.....
Dhundhun
04-22 02:35 AM
Anyone facing problem with e-filing also?
anilsal
10-12 12:04 PM
It may be better to call the USCIS 800 number and I think there is an option for change of address.
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