pragashu Posted April 23, 2014 Report Share Posted April 23, 2014 Hi, One of mine friend need help before she can start for GC . She traveled to US in Oct 2013. and her consultant company (ABC) first started running payroll only by 1st Jan 2014 where employer claiming that it is fine to be without payroll for few months initially. and once payroll started it should not stop in between. since she was new to US and was not aware of any thing, she kept quite. now she has changed the employer let say (XYZ). H1 transfer has successfully gone through. now new employer is planning to start GC process. and they would be needing relieving letter from previous employer. previous employer now saying he can not provide letter from Oct officially. what should she do now ? she is scared of filing complaint against it in DOL as it might hit back her too saying she was out of status for all this days. please suggest. have some question, 1 : Is it allowed to be in US without getting paid for few months initially ? 2: what to do for relieving letter ? company ABC (first employer) is not giving any letter. ans she does not even know any other person in company where she can ask for affidavit. what all problem can come ? is there any way for her to get out of it without any damage to her status in US ? Link to comment
JoeF Posted April 24, 2014 Report Share Posted April 24, 2014 File a complaint with DOL on form WH4. That's the only way to avoid problems down the road. Link to comment
t75 Posted April 24, 2014 Report Share Posted April 24, 2014 They are not required to provide "relieving letter". She should file a complaint with the DOL for missing wages. She needs to review the USCIS website for her rights and responsibilities. Ignorance of the law is no excuse for violating it. Link to comment
rahul412 Posted April 24, 2014 Report Share Posted April 24, 2014 what should she do now ? she is scared of filing complaint against it in DOL as it might hit back her too saying she was out of status for all this days. No it won't. Filing a complaint is the right thing to do, if not she will be in trouble for not filing a complaint. Link to comment
pragashu Posted April 24, 2014 Author Report Share Posted April 24, 2014 thanks every one for answer. for filing GC her company seems to be hiring Attorney from murthy law firm only . is it advisable to tell the truth to attorney ? Link to comment
rahul412 Posted April 24, 2014 Report Share Posted April 24, 2014 thanks every one for answer. for filing GC her company seems to be hiring Attorney from murthy law firm only . is it advisable to tell the truth to attorney ? when it comes to immigration, you have to say the truth ALWAYS. Link to comment
t75 Posted April 25, 2014 Report Share Posted April 25, 2014 I cannot believe you asked if she should be truthful with the attorney. If she is not, the attorney should refuse her case. Link to comment
omshiv Posted April 25, 2014 Report Share Posted April 25, 2014 thanks every one for answer. for filing GC her company seems to be hiring Attorney from murthy law firm only . is it advisable to tell the truth to attorney ? lol..you know right this forum is run by Murthy Law firm..and occasionally the Attorney's check this one. Link to comment
pragashu Posted April 25, 2014 Author Report Share Posted April 25, 2014 thanks every one. i have told my friend, she will talk to attorney and get it fixed. Link to comment
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