N

Hello,

I am currently working at a company on H1-B status. I originally came to the US on an
H4 visa. The company is not doing too well and I haven't been paid for almost 2
months. This is the case with almost everybody who works there. The company has made
nothing but empty promises.

I am being laid off pretty soon. To successfully do an H1-B to H1-B transfer, don't I
need my pay stubs until the last day of employment?

I do have the option to revert to my old H4 status, but then will I have to start all
over again with a new H1-B and a new employer? Or can I change from H4 to H1 more
easily now, since I did hold an H1 earlier?

What obligations does my employer have if they lay me off? What if they declare
bankruptcy? Can I possibly do an H1 to H1 transfer without paystubs for the last 2
months? If I don't get paid, what legal action can I take against these liars and
cheats? I would love to take them down.

I am in the Washington DC area. Advice will be greatly appreciated.

Thanks,

Seething with rage...

zoro

If you can believe it, your situation is not that unusual these days with all the
cutbacks and downsizing.

First of all, you are going to have to show paystubs from you current employer
showing that you were employed up until the date that you received your receipt
notice for the new employer's petition. It sounds like that is going to be
impossible.

You can revert back to H4, and I would highly recommend it, since your spouse is
still an H1B (assumingly). Technically, you are not maintaining a valid nonimmigrant
status right now because you are not gainfully employed by your petitioning agency.
Your best be is to file an I-539 as soon as possible. However, you may run into an
officer that wishes to see your last pay stubs any way. If you aren't maintaining a
valid status, you can't change status. It is highly unlikely that they would deny
your change to H4, but it would be legal for them to do it.

About your current employer, you should expect expenses from him to move you back to
your home country. He can not lay you off!!! That would be illegal for him and you!
If he no longer needs you, he must move you back to your home country. This is both
INS and Labor law.

On a side note, you should advertise the company name so that he is not hiring other
people to back fill you and is possibly lying to you! If you really wanted to get
back at him, and I am certainly not recommending this, but you should mail a copy of
your approval notice along with a letter explaining what you have stated here, to the
office that approved your case. Most likely, that office will pull the files that the
petitioner has approved and will send out intent to revocate or send an Investigator
to the business.

But, that would be an extreme and would rather see you focus on getting a legal
status first, otherwise you are subject to just as many penalties as him.

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LaTreen Washington

So you work for 2 months without getting paid?

Are you an example of "the brightest and the best" who are replacing American
workers?

How are you paying your bills? Do you pay them - or it is "F*** the landlord"?

LW

N wrote in message ...
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Nospam

Get a Life.....

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[usenetquote2]> >Hello,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I am currently working at a company on H1-B status. I originally came to[/usenetquote2]
    >
[usenetquote2]> >US on an H4 visa. The company is not doing too well and I haven't been[/usenetquote2]
paid
[usenetquote2]> >for almost 2 months. This is the case with almost everybody who works[/usenetquote2]
    >
[usenetquote2]> >The company has made nothing but empty promises.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I am being laid off pretty soon. To successfully do an H1-B to H1-B transfer,[/usenetquote2]
[usenetquote2]> >don't I need my pay stubs until the last day of employment?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I do have the option to revert to my old H4 status, but then will I have[/usenetquote2]
to
[usenetquote2]> >start all over again with a new H1-B and a new employer? Or can I change from H4[/usenetquote2]
[usenetquote2]> >to H1 more easily now, since I did hold an H1 earlier?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >What obligations does my employer have if they lay me off? What if they declare[/usenetquote2]
[usenetquote2]> >bankruptcy? Can I possibly do an H1 to H1 transfer without paystubs for the last 2[/usenetquote2]
[usenetquote2]> >months? If I don't get paid, what legal action can I take against these liars and[/usenetquote2]
[usenetquote2]> >cheats? I would love to take them down.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >I am in the Washington DC area. Advice will be greatly appreciated.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Thanks,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Seething with rage...[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
    >

LaTreen Washington

Ask the people in alt.computer.consultants for advice.

You aren't very bright if you work for 2 months without pay. Are you still going in
everyday, to work for free?

Send more of your country men over. Guys like you are better than slaves, because
slaves have to be fed, housed and clothed.

If you ever do become an American citizen - remember to VOTE REPUBLICAN.

LaTreen Washington

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Tim Keating

in message ...
[usenetquote2]>>Hello,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I am currently working at a company on H1-B status. I originally came to[/usenetquote2]
    >
[usenetquote2]>>US on an H4 visa. The company is not doing too well and I haven't been paid for[/usenetquote2]
[usenetquote2]>>almost 2 months. This is the case with almost everybody who works[/usenetquote2]
    >
[usenetquote2]>>The company has made nothing but empty promises.[/usenetquote2]

First, they should have paid you long ago. Two months is way too long for anyone paid
by salary or hourly wage.

As I recall, the maximum time delay to begin receiving full pay checks is
three weeks.

Thus, Look up in telephone White pages of the nearest moderately sized city, pop
250,000 or more,for the U.S. Government, Labor Department of, Wage and Hour Division
Area Office.

Call them, Report the abusing employer.. Don' t be afraid too give details of who you
are and what your situation is.. The Fed's will keep that information confidential.

They will come in, and audit the books of the employer and ruin their day.

Just one report of misdeeds is all it takes, they will give 'em hell, (the employer),
and a raking over with a fine tooth comb.

[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I am being laid off pretty soon. To successfully do an H1-B to H1-B transfer, don't[/usenetquote2]
[usenetquote2]>>I need my pay stubs until the last day of employment?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I do have the option to revert to my old H4 status, but then will I have to start[/usenetquote2]
[usenetquote2]>>all over again with a new H1-B and a new employer? Or can I change from H4 to H1[/usenetquote2]
[usenetquote2]>>more easily now, since I did hold an H1 earlier?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>What obligations does my employer have if they lay me off? What if they declare[/usenetquote2]
[usenetquote2]>>bankruptcy?[/usenetquote2]

That's a tough call.. Call the Wage & hour division first, get the employer audit
started. Getting paid your back wages is your first step to limiting your exposure
too each of those problems.

[usenetquote2]>>Can I possibly do an H1 to H1 transfer without paystubs for the last 2 months? If I[/usenetquote2]
[usenetquote2]>>don't get paid, what legal action can I take against these liars and cheats? I[/usenetquote2]
[usenetquote2]>>would love to take them down.[/usenetquote2]

Suing them in local county circuit court may be necessary, or the Fed's may do it on
your behalf, once they complete the audit.

Usually, breaking a contract incurs a triple punitive damage provision.
I.E. your losses + triple that amount to discourage future behavior.

[usenetquote2]>>I am in the Washington DC area. Advice will be greatly appreciated.[/usenetquote2]

See, above..

-----== Over 80,000 Newsgroups - 16 Different Servers! =-----

Dan

Many companies who support H1s pay for their airfare, house them, feed them, etc. And
unethical companies such as Intel, Cisco, Oracle, HP give them free training in India
so they can come to the US to replace their more expensive counterparts.

On Sat, 28 Apr 2001 01:48:14 GMT, "LaTreen Washington" <[email protected]> wrote:

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[usenetquote2]>>Hello,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I am currently working at a company on H1-B status. I originally came to[/usenetquote2]
    >
[usenetquote2]>>US on an H4 visa. The company is not doing too well and I haven't been paid for[/usenetquote2]
[usenetquote2]>>almost 2 months. This is the case with almost everybody who works[/usenetquote2]
    >
[usenetquote2]>>The company has made nothing but empty promises.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I am being laid off pretty soon. To successfully do an H1-B to H1-B transfer, don't[/usenetquote2]
[usenetquote2]>>I need my pay stubs until the last day of employment?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I do have the option to revert to my old H4 status, but then will I have to start[/usenetquote2]
[usenetquote2]>>all over again with a new H1-B and a new employer? Or can I change from H4 to H1[/usenetquote2]
[usenetquote2]>>more easily now, since I did hold an H1 earlier?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>What obligations does my employer have if they lay me off? What if they declare[/usenetquote2]
[usenetquote2]>>bankruptcy? Can I possibly do an H1 to H1 transfer without paystubs for the last 2[/usenetquote2]
[usenetquote2]>>months? If I don't get paid, what legal action can I take against these liars and[/usenetquote2]
[usenetquote2]>>cheats? I would love to take them down.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>I am in the Washington DC area. Advice will be greatly appreciated.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Thanks,[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Seething with rage...[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
    >

Carlos Antunes

Dan wrote:
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And since when is it unethical to lower costs?

Regards, Carlos Antunes.

--
"I swear by my life and by my love of it - that I will never live for the sake of
another man, nor ask another man to live for mine."
-- John Galt, hero of Atlas Shrugged
http://www.amazon.com/exec/obidos/AS...76/andresworld

Dan

It is unethical to fire Americans and replace them with lower quality foreign workers
thus delivering a lower quality product to their mostly AMERICAN customers.

We have a population of less than 300 million in the US. India has a population of 1
billion. Why doesn't every American company fire each and every American worker and
either send those jobs to India or import them as replacements? They can claim they
are lowering costs-- is this ethical?

On Sat, 28 Apr 2001 19:37:58 GMT, Carlos Antunes <[email protected]> wrote:

    >
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> And unethical companies such as Intel, Cisco, Oracle, HP give them free training[/usenetquote2]
[usenetquote2]>> in India so they can come to the US to replace their more expensive counterparts.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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Carlos Antunes

Dan wrote:
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It's their company. They can pick and choose who they hire and who they fire. What
makes you think you are entitled to control their capital? They also have the right
to replace experienced workers with lower quality workers. Again, it's their money.
The market, in America and anywhere else, will judge their products in the end. If
they make wrong decisions, they'll be penalized.

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Who cares? Each company should do what they believe is best for themselves. Each
individual should do the same. If you think Intel and Cisco make crappy products,
just start your own company and compete with them.

Regards, Carlos Antunes.

--
"I swear by my life and by my love of it - that I will never live for the sake of
another man, nor ask another man to live for mine."
-- John Galt, hero of Atlas Shrugged
http://www.amazon.com/exec/obidos/AS...76/andresworld

John Jacobson

What about firing Americans who are nimrods, dipshikts and morons and replacing them
with smarter people? What about that? Some Americans are morons, just like in every
other group of humans. If someone fired your ass and replaced you wth an H-1B that
would only be a tragedy if the H-1B were a bigger idiot than you. Since that is
impossible, shut yer yap.

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[usenetquote2]> >Dan wrote:[/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >> And unethical companies such as Intel, Cisco, Oracle, HP give them free training[/usenetquote2]
[usenetquote2]> >> in India so they can come to the US to replace their more expensive[/usenetquote2]
[usenetquote2]> >> counterparts.[/usenetquote2]
[usenetquote2]> >>[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >And since when is it unethical to lower costs?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >Regards, Carlos Antunes.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >--[/usenetquote2]
[usenetquote2]> >"I swear by my life and by my love of it - that I will never live for the sake of[/usenetquote2]
[usenetquote2]> > another man, nor ask another man to live for mine."[/usenetquote2]
[usenetquote2]> > -- John Galt, hero of Atlas Shrugged[/usenetquote2]
[usenetquote2]> > http://www.amazon.com/exec/obidos/AS...76/andresworld[/usenetquote2]

John Jacobson

You make too much sense. Keep up the fine thinking and they will soon be attacking
you in obscene anonymous posts.

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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It is unethical to fire Americans and replace them with lower quality foreign[/usenetquote2]
[usenetquote2]> > workers thus delivering a lower quality product to their mostly AMERICAN[/usenetquote2]
[usenetquote2]> > customers.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Why doesn't every American company fire each and every American worker and either[/usenetquote2]
[usenetquote2]> > send those jobs to India or import them as replacements?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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dbbowden

The whole H1-B displacement of American IT workers is kinda a moot point. There is
currently a migration of programming jobs, Development and Maintance from the US to
India, There is nothing that will stop this. IBM, FORD and other large companies have
announced increases in Indian positions.

There is a large H1-B , American trained, Indian workforce, willing to accept lower
wages, experenced, ready to assume positions.

American companies are setting up IT shops in India,They are forming alliances with
Indian universities.

In the near future any maintance/ developmental programming for large corporations,
that can be, probably will be done off shore.

If I were a programmer I would be considering a move to management and an investment
in learning a foreign language.

On Sat, 28 Apr 2001 15:30:19 -0500, "John Jacobson" <[email protected]> wrote:

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[usenetquote2]>> It is unethical to fire Americans and replace them with lower quality foreign[/usenetquote2]
[usenetquote2]>> workers thus delivering a lower quality product to their mostly AMERICAN[/usenetquote2]
[usenetquote2]>> customers.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> We have a population of less than 300 million in the US. India has a population of[/usenetquote2]
[usenetquote2]>> 1 billion. Why doesn't every American company fire each and every American worker[/usenetquote2]
[usenetquote2]>> and either send those jobs to India or import them as replacements? They can claim[/usenetquote2]
[usenetquote2]>> they are lowering costs-- is this ethical?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> On Sat, 28 Apr 2001 19:37:58 GMT, Carlos Antunes <[email protected]> wrote:[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> >Dan wrote:[/usenetquote2]
[usenetquote2]>> >>[/usenetquote2]
[usenetquote2]>> >> And unethical companies such as Intel, Cisco, Oracle, HP give them free[/usenetquote2]
[usenetquote2]>> >> training in India so they can come to the US to replace their more expensive[/usenetquote2]
[usenetquote2]>> >> counterparts.[/usenetquote2]
[usenetquote2]>> >>[/usenetquote2]
[usenetquote2]>> >[/usenetquote2]
[usenetquote2]>> >And since when is it unethical to lower costs?[/usenetquote2]
[usenetquote2]>> >[/usenetquote2]
[usenetquote2]>> >Regards, Carlos Antunes.[/usenetquote2]
[usenetquote2]>> >[/usenetquote2]
[usenetquote2]>> >--[/usenetquote2]
[usenetquote2]>> >"I swear by my life and by my love of it - that I will never live for the sake of[/usenetquote2]
[usenetquote2]>> > another man, nor ask another man to live for mine."[/usenetquote2]
[usenetquote2]>> > -- John Galt, hero of Atlas Shrugged[/usenetquote2]
[usenetquote2]>> > http://www.amazon.com/exec/obidos/AS...76/andresworld[/usenetquote2]
[usenetquote2]>>[/usenetquote2]

Dan

Good point, I would be in favor of firing you John.

On Sat, 28 Apr 2001 15:30:19 -0500, "John Jacobson" <[email protected]> wrote:

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Dan

Sure they can do what they want. They have every right to do this. It's a
capitalistic society. My point was that it is unethical to fire American workers and
replace them with lower quality foreignors and still charge the same prices to
unsuspecting consumers.

On Sat, 28 Apr 2001 20:21:37 GMT, Carlos Antunes <[email protected]> wrote:

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[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> It is unethical to fire Americans and replace them with lower quality foreign[/usenetquote2]
[usenetquote2]>> workers thus delivering a lower quality product to their mostly AMERICAN[/usenetquote2]
[usenetquote2]>> customers.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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[usenetquote2]>>[/usenetquote2]
[usenetquote2]>> Why doesn't every American company fire each and every American worker and either[/usenetquote2]
[usenetquote2]>> send those jobs to India or import them as replacements?[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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