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Bewarse TalkArchives - 2008Bewarse Bewarse BewarseArchive through September 09, 2008 � Claim of unpaid wages from the previous employer. Previous Next

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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 7
Registered: 08-2008
Posted From: 76.250.71.70

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Votes: 1(Vote!)

Posted on Tuesday, August 19, 2008 - 5:15 pm:Edit PostDelete PostView Post/Check IP

Good news...

I spoke to my employer couple of times and they agreed to pay me all outstanding payments in this pay roll as back dated payments for the previous period.

I have no need to approach DOL for resolution of this issue.

Thank you all for your help!!!
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Affliction
Pilla Bewarse
Username: Affliction

Post Number: 10
Registered: 08-2008
Posted From: 76.187.203.246

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Posted on Tuesday, August 12, 2008 - 10:47 am:Edit PostDelete PostView Post/Check IP

even though, DOL finds your employer guilty, they have a right to ask you about your status in 2006. its a long shot though.
try talking to a lawyer.
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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 6
Registered: 08-2008
Posted From: 76.250.71.70

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Posted on Tuesday, August 12, 2008 - 10:13 am:Edit PostDelete PostView Post/Check IP

Affliction,

I got the offer letter in year 2005.

I got w-2 for the year 2005, 2007 and I did not get paid any thing in year 2006.

Pay rate in offer letter is 40k and the amount in W-2 of year 2005 and 2007 are 40k and I don't have any W-2 for the year 2006.

If they paid me in 2005 and 2007 and did not paid me in 2006.

Their offer letter in 2005 should be valid for 2005, 2006, 2007. Correct???

Is there any excuse for the employer for not paying me in the yer 2006???

Thanks..
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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 5
Registered: 08-2008
Posted From: 76.250.71.70

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Posted on Tuesday, August 12, 2008 - 10:04 am:Edit PostDelete PostView Post/Check IP

Thanks Karra_Billa.

I'll try to get a telephonic appointment with attorney@murthy.com
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Affliction
Pilla Bewarse
Username: Affliction

Post Number: 8
Registered: 08-2008
Posted From: 76.187.203.246

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Posted on Tuesday, August 12, 2008 - 9:35 am:Edit PostDelete PostView Post/Check IP

>>Offer letter lo 40K undhi.
Naku H1B visa ki attend ayye tappudu icharu offer letter.
Naku project start chese tappudu eppudu offer letter ivvaledhu.

you cannot take any legal action in that case. Talking to DOL will jeopardize both of you.
best thing is to keep all this behind you and stick with your current employer.
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Karra_billa
Pilla Bewarse
Username: Karra_billa

Post Number: 282
Registered: 05-2006
Posted From: 75.173.148.115

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Posted on Tuesday, August 12, 2008 - 9:28 am:Edit PostDelete PostView Post/Check IP

//
What are the chances that I can keep my self to be in status for the period of 2006

by getting paid. May be fed allows 2 months grace time but you can't stay in US with no paycheck from your employer. You should get paid for your active stay in US on H1 from your employer or different employer (H1 transfer). You went out of status and during that time you were not supposed to be in US. Too late. There is no damage control. Your H1 will be still valid. Try seeing a good lawyer.
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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 4
Registered: 08-2008
Posted From: 76.250.71.70

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Posted on Tuesday, August 12, 2008 - 9:21 am:Edit PostDelete PostView Post/Check IP

Offer letter lo 40K undhi.

Naku H1B visa ki attend ayye tappudu icharu offer letter.

Naku project start chese tappudu eppudu offer letter ivvaledhu.

Hope this will answer your question. Thanks..
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Affliction
Pilla Bewarse
Username: Affliction

Post Number: 7
Registered: 08-2008
Posted From: 76.187.203.246

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Posted on Tuesday, August 12, 2008 - 9:08 am:Edit PostDelete PostView Post/Check IP

>>ramyanam mottam vinna neelanti vadevadoo Ramudu Settaki emautadu ani adiginattu ga undi
LCA gurinchi chepthunnadu kaani, offer letter gurinchi cheppaledu ga.prathi project start ainappudu offer letter istharu kada. aa offer letter lo entha unte antha pay cheyyali, LCA tho sambandham lekunda.
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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 3
Registered: 08-2008
Posted From: 76.250.71.70

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Posted on Tuesday, August 12, 2008 - 8:57 am:Edit PostDelete PostView Post/Check IP

//////you went out of status in 2006..too late. edi chesina DOL tho iddariki bokkee. ante padalsina bokka padindi. atu tirigi itu tirigi eppudo time choosukoni enakki vastundi meeke.///////

Karra_Billa,

I got H1B from my new employer, which is valid till end of 2010.

What would be the conseques of that H1B as a result of this litigation?

If I involve DOL, is it a possibility that they can revisit current valid HIB?

What are the chances that I can keep my self to be in status for the period of 2006 if I win the case and get my wages of year 2006 as back pay?

Thanks.
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Edo_okati
Celebrity Bewarse
Username: Edo_okati

Post Number: 13224
Registered: 03-2007
Posted From: 198.179.142.6

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Posted on Tuesday, August 12, 2008 - 6:10 am:Edit PostDelete PostView Post/Check IP

ramyanam mottam vinna neelanti vadevadoo Ramudu Settaki emautadu ani adiginattu ga undi Affliction
Mee HERO istam aithey intlo patam pettukuni roju kobbari kayya kottu DB lo gola yendi -- Drifter (Nayakudu)
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Affliction
Pilla Bewarse
Username: Affliction

Post Number: 4
Registered: 08-2008
Posted From: 76.187.203.246

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Posted on Monday, August 11, 2008 - 10:49 pm:Edit PostDelete PostView Post/Check IP

offer letter untundi ga. andulo entha undi?
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Shadow
Kurra Bewarse
Username: Shadow

Post Number: 1415
Registered: 05-2008
Posted From: 68.198.151.34

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Posted on Monday, August 11, 2008 - 7:34 pm:Edit PostDelete PostView Post/Check IP

Better consult a lawyer. AFAIK both you and your employer would be in trouble if DOL gets involved.
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Kottimeera_katta
Pilla Bewarse
Username: Kottimeera_katta

Post Number: 51
Registered: 09-2007
Posted From: 24.239.44.105

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Posted on Monday, August 11, 2008 - 7:06 pm:Edit PostDelete PostView Post/Check IP

veyandi bulbss
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Karra_billa
Pilla Bewarse
Username: Karra_billa

Post Number: 262
Registered: 05-2006
Posted From: 75.173.148.115

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Posted on Monday, August 11, 2008 - 6:32 pm:Edit PostDelete PostView Post/Check IP

mana db vankles racha,shadow,kalki,EO,pokiri1,gochi vachi bulbs eyyalsindi ga manavi
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Karra_billa
Pilla Bewarse
Username: Karra_billa

Post Number: 257
Registered: 05-2006
Posted From: 75.173.148.115

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Posted on Monday, August 11, 2008 - 6:20 pm:Edit PostDelete PostView Post/Check IP

Now my question is I am on their H1 for year 2005, 2006, 2007 (proof is 2005, 2007 pay stubs, w-2 forms - neither they paid me nor they cancelled my H1B in year 2006)///

you went out of status in 2006.too late. edi chesina DOL tho iddariki bokkee. ante padalsina bokka padindi. atu tirigi itu tirigi eppudo time choosukoni enakki vastundi meeke.
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Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977

Post Number: 2
Registered: 08-2008
Posted From: 76.250.71.70

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Posted on Monday, August 11, 2008 - 6:05 pm:Edit PostDelete PostView Post/Check IP

Hi All, My name is Bhaskar and I am in a wierd situation.

I came to USA in March 2005 and I got a project in less than a month and I am on that project till November 2005.

My employer paid me as we are agreed ($ 40 k per annum per LCA and offer letter).

I am on bench for the entire year of 2006 and my employer never paid me any thing - I know it is not legal for either of us but I always beleive that I can get a project soon and can run the pay roll for 40 K per LCA --but unfortunately that was not the case.

I got a job in year 2007 and I am on that project till end of 2007.

I realised that 40K is too low and I negotiated my salary with my employer verbally.

My employer agreed verbally to pay @ 60K per annum but my LCA still show 40K per annum and I don't have any document to back this agreement.

I left this employer for better opportunity (@ 90K per annum full time job) and my new employer is a client and they processed my H1B.

My employer paid 2007 payroll per LCA. Issue here is that I should get 60k as my salary in Year 2007 but my employer paid me $ 40k. As I don't have any proof of it on paper, I am aware of the fact that I can't win this case.

But I should get this 20K somehow right???

Now my question is I am on their H1 for year 2005, 2006, 2007 (proof is 2005, 2007 pay stubs, w-2 forms - neither they paid me nor they cancelled my H1B in year 2006).

Can I claim or sue them for the wages for the period of 2006????

If I do, can I get 40K from my previous employer???

I know this is unethical and not human to sue some body for $40k when they really owe me $20k but that is the only solution for me to get the outstanding 20k from my employer on which they never responded to me despite of my continuous voice messages/e-mails.

I am happy to provide any additional information to you and I appreciate your help on this issue.

Please advice mt how I can approach on this and Thanks in advance!!!!
Would like to add a question for the scenario I mentioned above.

--Can I file this case with DOL or is it too late because the issue in this litigation is regarding the wages of Year 2006????