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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94759
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was promoted from a Project Lead to a Project Manager with

Resolved Question:

I was promoted from a Project Lead to a Project Manager with a Change in Roles and Responsibilities. However my employer did not change my LCA. Can I get him to change my LCA and pay me wages as per the Project Manager role.?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

Do you have an employment contract with the company that binds you are well as the employer or are you an at will employee?

Customer: replied 1 year ago.

I am on a H1 B - the employer did made me sign a Bond which was valid for two years - I am close to the completion of the two year period.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, but I'm not sure if that is an employment contract that binds the employer as well. So you may not be able to force your employer to do anything and what your employer has done is put you in a very bad position. When did this change in job duties happen? And are you sure you do not have an employment contract that binds your employer?
Customer: replied 1 year ago.

Yes, there is no employment contract that binds my employer except for the contract with his Client. Can I approach the department of labor and seek a whistle blower protection ?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It depends. Is your primary concern your legal status in the U.S.? Would you mind being deported? As I said, this is a very bad position to be in.

Customer: replied 1 year ago.

My concern is my legal status as my back wages for the past 1 year which is 30000 dollars. I want to get them from my employer.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, if your primary concern is your legal status, then I don't see much hope in this situation. You have no employment contract. So you are an at will employee and can be fired for any reason and the only liability that the company has is to pay for your flight back to your country. IF you want to threaten them with reporting them to the Department of Labor and ICE, they could be audited, fined a few thousand dollars maximum, and may have difficulty getting approvals for H-1Bs in the future. But that isn't going to get you any U.S. immigration benefits. So what can you do? Well, you can request that you be put back as Project Lead with the original responsibilities of the LCA or you can find another employer to file a new H-1B for you even if it is as a Project Manager because you would not be subject to the H-1B cap. Unfortunately, your options are very limited. Sure you can threaten your employer, but if they don't bite, you can be fired and sent back home. I wish I had better news for you. I am truly sorry. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94759
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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