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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5035
Experience:  Extensive experience representing employees and management
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Hi. Im seeking guidance in my case. Im H1B visa

Customer Question

Hi. I'm seeking guidance in my case. I'm H1B visa holder. I was working with Aikeaa Inc. and was having H1B visa with them till 10th Nov 2011. Aikeaa was not paying me payment on time and giving me reason that they are putting money for my green card processing. In last moment of visa expiration Aikeaa told me they filed my H1B extension through Virrtuo techsoft. Virrtuo techsoft kept me in loop for 2-3 months and they stopped responding. In Nov 2012 my extension was approved but they didnt share the extension document. So, I filed my case with DOL on 31st Dec 2012. DOL closed case against Aikeaa saying that its been more than a year, so they cant accept my request. My Around 50000+ gross amount is pending with Aikeaa. I was working with NetApp till DEC 2011. I sent my last time sheet to Aikeaa for month of Nov. and Dec 2011 on 17th Jan 2012. My payment has been done for Nov. and Dec to Aikeaa after 17th Jan 2012. I stressed on this point to DOL but they still not accepting. I do not know where to go and fight for my money. Both the Aikeaa and Virrtuo techsoft have mutual understanding and they put me in this situation. Could you please help or suggest ? Thanks, XXXXX XXXXX XXX XXXX

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Expert_James replied 1 year ago.
Hi Ajay,

Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

How did you submit a labor certification/PERM with the DOL if you are not the employer?
Customer: replied 1 year ago.

I was an Employee ( H1B Holder ). Aikeaa was my Employer.


 


My payment around 50K still not been cleared. I filed my case with DOL for that but they are not considering my case saying that its been more than a year since I filed complaint.


 


I filed my complaint on 31st Dec 2012.


 


My visa was expiring with them on 10th Nov 2011.


 


I sent my time sheet working hrs for month of Nov 2011, Dec 2011 on 17th Jan 2012. ( which was after my visa expiration ) I was working as consultant with NetApp on behalf of Aikeaa till Dec 2011. Payment for my working hrs have been made to Aikeaa by StrataServ ( Middle vendor ) after 17th Jan 2012.


 


I was having project with NetApp Inc. from July 2010 to Dec 2011. NetApp used to do payment for my work hrs to Strataserv ( middle vendor ) and Strata Serv ( Middle vendor ) used to pay to Aikeaa. In this duration, Aikeaa did not pay me on time and in the end 50K amount still pending with them and they are not releasing it.


 


How Can I get my money back ? DOL is not helping me saying that its been more than a year since my visa with Aikeaa.


 


 

Expert:  Expert_James replied 1 year ago.
This is an employment law questions, not an immigration question. I'll send you to the employment law section. Please be patient, as it might take some time. Also, please do not respond to me, as it will only service to delay your transfer.

Best,
Longhorn Lawyer
Customer: replied 1 year ago.

Ok. I will wait. Thanks.

Expert:  Joseph replied 1 year ago.
You can and should file a wage claim with the California Division of Labor Standards Enforcement.

The time limits for filing a wage claim are different than filing a complaint with the Department of Labor.

You have four years for a written contract breach, three years for failure to pay overtime and minimum wage, and two years for breach of an oral contract.

Since I assume you had a written contract and/or since you weren't paid at all, you would have a 3 or 4 statute of limitations to file your wage claim.

You can file one online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

There is no cost to do so.
Customer: replied 1 year ago.

Thank you Joseph. I will do so. According to DOL investigation, they are saying that the Aikeaa Inc. ( my employer ) has shut down his business. In that scenario, will they be able to help me ?

Expert:  Joseph replied 1 year ago.
You can still file a complaint, and you can go after them for unpaid wages, but it may be difficult to recover if they have shut down their business.
Customer: replied 1 year ago.

Thanks. I live in Fremont, SF bay area. Do they have office in my area where I can go personally and file my complaint ? Does it matter if I go personally or do online ?

Expert:  Joseph replied 1 year ago.
You can find your local office online here:

http://www.dir.ca.gov/dlse/districtoffices.htm

Your is probably in Oakland or San Francisco.

Oakland XXXXX
Suite 801
Oakland, CA 94612 (NNN) NNN-NNNN


You can't actually file online, only the information is available there.
Joseph, Lawyer
Satisfied Customers: 5035
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello,

Thank you for your positive rating of my service and the very generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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