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.
wallpaper people come dressed up in
mirage
01-03 01:51 PM
Guys,
I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.
Thanks
I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.
Thanks
orshoe
03-19 05:28 PM
I was hoping that it would fall into the "related occupations" category.
http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations
http://online.onetcenter.org/link/summary/11-3021.00#RelatedOccupations
2011 Halloween, Justin Bieber,
immiusa
06-14 12:51 PM
My understanding is that you can transfer existing H1B. I am not a lawyer.If you have a copy of your H1B approval notice, you should be able to transfer to your new company. However, if you may have to visit US consulate back in your home country for Visa. You may want to double check with immigration gurus.
more...
naushit
08-07 01:40 PM
Can multiple people together file mandamus?
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
how about signing a petition and send it to Ombudusman?
In last conference call when some one asked about illogical order of processing
she asked him to file DHS 2007 with her office.
how about about 100+ people filing same DHS 2007? and tell her , illogical processing order is root of many many problems at USCIS.
just my 2 cents....
RadioactveChimp
04-09 03:03 AM
sort-of boring.....
more...
Archana_D
05-05 12:42 PM
Hi All,
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
Is it possible to port priority date of my EB3 to EB2?? with my new employer?
Thanks.
2010 Halloween party dressed up
saimrathi
07-12 10:28 AM
PLease keep all media info in media thread.. Thanks.
more...
sanju_eb3
12-08 11:22 PM
Sorry this is a non-immigration related post.
I wanted to share this YouTube video -- it's just too good.
http://www.youtube.com/watch?v=leWtDE4pFhw&feature=related
I wanted to share this YouTube video -- it's just too good.
http://www.youtube.com/watch?v=leWtDE4pFhw&feature=related
hair justin bieber thinks pictures.
Ann Ruben
02-25 11:22 PM
The only answer to your question is:"it depends". Who are your state's Senators and how interested/influential are they in immigration issues? Same question for whoever is the Congressperson for your district. I don't think any there is any harm in contacting both Senators as well as the Congressperson for your district.
more...
TomPlate
03-20 05:26 PM
This company is a good company for GC. But you need to pay the full expense, because the rule changed recently. And they understand us very well, more employee oriented company.
Do not talk about CSC. Even though CSC is a big company, no body knows about the company. In consulting the giants are,
IBM
HP
Accenture and so forth.
CSC revenue wise bigger, but name wise not bigger company.
Do not talk about CSC. Even though CSC is a big company, no body knows about the company. In consulting the giants are,
IBM
HP
Accenture and so forth.
CSC revenue wise bigger, but name wise not bigger company.
hot dressed as Justin Bieber
beeth
08-22 12:51 PM
Hi,
I will be grateful if anyone can give me advice about this situation:
I was on H1B for company A. I got an offer from company B last week and I just visit POE to get the TN visa
with new I-94 card. My TN support letter and offer letter clearly state my first date for company B is
09/07/2010, that is, 2 weeks from now.
The problem is that I assumed I could still work for company A(my H1B sponsor) for another two weeks, so, I
planned to let my employer know the coming Monday, to fulfill my 2 weeks notice advance promise in the next
two-week time. However, I heard that my H1B would be void as soon as I got my TN visa, is that true?
That is, will the status change(from H1B to TN) start from the time I got the TN visa at POE(09/22/2010),
or from the time I start my new work for company B on 09/07/2010? Is the H1B visa still valid for me to
work for company A for another two weeks before I start my new work?
If my H1B visa really became invalid at this time, I will have to tell my manager at company A the true and
appologize for that, although I feel very bad about that. If not, I worry I would be caught by the
government and charged for illegally work for two weeks, then I will be in big troubleshoot for further
immigration petitions(TN, H1B, even GC, etc.).
Please advise and if possible, please provide references with which I could show my H1B sponsor/employer.
Thank you very much!
I will be grateful if anyone can give me advice about this situation:
I was on H1B for company A. I got an offer from company B last week and I just visit POE to get the TN visa
with new I-94 card. My TN support letter and offer letter clearly state my first date for company B is
09/07/2010, that is, 2 weeks from now.
The problem is that I assumed I could still work for company A(my H1B sponsor) for another two weeks, so, I
planned to let my employer know the coming Monday, to fulfill my 2 weeks notice advance promise in the next
two-week time. However, I heard that my H1B would be void as soon as I got my TN visa, is that true?
That is, will the status change(from H1B to TN) start from the time I got the TN visa at POE(09/22/2010),
or from the time I start my new work for company B on 09/07/2010? Is the H1B visa still valid for me to
work for company A for another two weeks before I start my new work?
If my H1B visa really became invalid at this time, I will have to tell my manager at company A the true and
appologize for that, although I feel very bad about that. If not, I worry I would be caught by the
government and charged for illegally work for two weeks, then I will be in big troubleshoot for further
immigration petitions(TN, H1B, even GC, etc.).
Please advise and if possible, please provide references with which I could show my H1B sponsor/employer.
Thank you very much!
more...
house Bieber, was found in New York
JunRN
08-28 08:45 AM
They do random inspection on applications. Some people who have no work permit are being inspected if they are working illegally and some are found to be.....even if they do not accept pay or just saying they are volunteers.....
I guess you're being inspected. If you're not working without a work permit, you should be ok.
I guess you're being inspected. If you're not working without a work permit, you should be ok.
tattoo Would YOU dress up like a sexy
[uber]
04-08 11:53 AM
:thumb: thats killer fes..... so awesome!!!!!
more...
pictures Justin Bieber to release
![justin bieber dressed up for halloween. they are dressed up as! :]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uHg00yVITjoezpvUT__9rbO14YFRfWuL1wWf8tOv2bUHm8Pl2jj3KeMd_rh7yI--IUyBhk25DEJeu9pUA0AmybV2fhcTHCuhuKyrJXOOB9owojMuw=s0-d "they are dressed up as! :]")
Queen Josephine
May 6th, 2005, 09:16 AM
...and i see an emerging tarantula! So much for the Rorschak test! :)
dresses Justin Bieber hit Hollywood in
garyn
04-22 01:32 AM
Can universities hire someone on H1B which comes under quota?
Is this H1B transfer, like a regular H1B transfer?
How long does it take to get a receipt?
Is this H1B transfer, like a regular H1B transfer?
How long does it take to get a receipt?
more...
makeup Vice dressed up as Charlie
sameet
02-14 09:55 AM
Any ideas why this is happening?
girlfriend I always like dressing up (duh
kumhyd2
09-06 10:31 PM
http://www.nationalpostdoc.org
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.
hairstyles JWoww on Halloween: “I Want to
goosetavo
08-25 02:55 AM
See you guys.
i4u
09-20 09:27 AM
At this point any gc holder in EB3 is good!
Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D
Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D
jamsumfarray
11-16 08:14 AM
How long do they have teh advertisement there in the bec?
wahat goes on from then on?:confused:
wahat goes on from then on?:confused:
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