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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boldm28
06-18 09:56 AM
Bump
walking_dude
02-14 03:55 PM
I got a confirmation today that 2 more of my personal contacts have sent theirs.
Flowers to USCIS earlier, Now...Love Letters to President. IV = Love :)
Flowers to USCIS earlier, Now...Love Letters to President. IV = Love :)
2011 weeds season 6 episode 13.
mjdup
12-19 11:12 PM
It is possible to port the PD, there are some forums please search and you should find the answer...
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
more...
Vennilarajan
02-15 06:02 AM
Hi Vennilarajan!
See if the information shown here helps you convert your C# projects to VB: http://www.kirupa.com/blend_silverlight/converting_csharp_vb.htm
Cheers,
Kirupa :)
Awesome:):) It is working..... A great Tool:)
Thanks :):)
See if the information shown here helps you convert your C# projects to VB: http://www.kirupa.com/blend_silverlight/converting_csharp_vb.htm
Cheers,
Kirupa :)
Awesome:):) It is working..... A great Tool:)
Thanks :):)
kakatheeyudu
02-09 03:42 PM
Thanks for the info Kaushik. Is the same rule applies for EB2 with Masters?
more...
immigration1234
02-20 12:57 PM
Thank you so much for the advise!
2010 Weeds season 6 episode 13
DDLMODES
07-09 10:03 PM
Come on guys. 130 views and nobody has an opinion on this ??
more...
prabakarkn
05-05 12:35 PM
I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
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reddymjm
06-19 04:21 PM
The moment the H1B is approved, your friend is on H1B. L1 gets automatically cancelled when the H1B is approved. This is what I am told when it happened to me. But in my case, both L1 and H1B are done by the same company. If they are different companies, I am not sure how it works.
U R RIGHT. If h1b has a future start date you can work on L1 till that date.
U R RIGHT. If h1b has a future start date you can work on L1 till that date.
more...
little_willy
12-26 10:28 PM
Best thing would be to get there and explain your situation to the visa officers or front desk staff. Explain them you made a honest mistake and see if your appt can still be accomodated. Try to convince them somehow, tell about your travel plans, say job is in line if you don't get back in time etc and hope they honor your request. Anyway, Good Luck.
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new_horizon
01-02 03:01 PM
AFAIK those who filed after July 30, 2007 filed with the new fee, and do not have to pay the fee for the EAD. However you can't e-file, but have to send in your paper application form.
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house weeds season 6 episode 13.
bigboy007
06-22 12:47 AM
any comments pl
tattoo Weeds 505 quot;Van Nuysquot;
fasterthanlight�
05-09 12:09 PM
Well, the second one could be anything, but when placed next to the first one it made sense.
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pictures WEEDS (Season 6)
greatzolin
08-28 03:40 PM
those two who got RN please give us you details so we can add you to the list and compare note.
Thanks in advance for the info.
salud
Thanks in advance for the info.
salud
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gc_kaavaali
04-09 12:51 PM
Hi,
Just want to ask does USCIS conduct personal interview when approving 485 application??? Is it mandatory? If not, on what basis they would conduct interview?
I really appreciate your help.
Just want to ask does USCIS conduct personal interview when approving 485 application??? Is it mandatory? If not, on what basis they would conduct interview?
I really appreciate your help.
more...
makeup Weeds Season 6 Episode 13
krishna_brc
12-18 02:41 PM
Can PERM Labor be filed by an employer for a dependent who is in AOS?
Dependent has EAD and working.
Thanks,
Krishna
Dependent has EAD and working.
Thanks,
Krishna
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pappu
11-02 11:46 AM
Since we are uncertain of our job as well as status in USA,
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
is it really worth to save on 401K? More input will be appreciateI.
I started a discussion on this subject
http://immigrationvoice.org/forum/showthread.php?t=2137
to have all related useful information in one place.
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mbartosik
04-03 05:19 PM
If your lawyer or you can get through to a person at BEC maybe you could get that person would agree to accept mail addressed to a specific person at the BEC, that way there would be someone to contact to check that they have it.
Obviously they wouldn't normally do that, but if someone there believes the lawyer that it was lost twice then they might take pitty.
That way you are dealing with someone rather than a black box.
Obviously they wouldn't normally do that, but if someone there believes the lawyer that it was lost twice then they might take pitty.
That way you are dealing with someone rather than a black box.
gc_check
06-25 07:01 AM
Also in NC, the DMV rules are changes to issue DL untill the Visa Stamp validity in PP, This will be an issue, if you extended your H1, but no valid visa in PP. Would recommend getting this done via internet.
BharatPremi
09-20 09:16 PM
"Na Koi Umang Hai, Na Koi Tarang Hai".. "Meri Zindgi hai kya Kati Patang Hai" :mad: