Joseph DeGiuseppe Jr.'s Answers

I'm currently on H1B. My employer has sponsored my Green Card petition. If I marry a US Citizen, will there be any issues?

No-- the USCIS allows you to pursue a green card under either option although if you marry a US citizen a green card number will be immediately available while if you apply for an employment based green card especially in the EB-3 classification there could be a wait until you are elgible to receive a green card--for example there is currently about a 2 year wiat in the EB-3 classification for most applicants, and more than a 10 year wait for Indian nationals.

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Is it legal for my employer not to notify me of a change in pay policy for working on a holiday?

Yes--section 195(5) of the NYS Labor Law requires your employer to notify you in advance as to any changes in its compensation policies as follows: 5. notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours. You can file an online complaint with the NYSDOL for the unpaid holiday OT at: http://www.labor.ny.gov/formsdocs/wp/LS223.pdf

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Per diem on H1b visa

First, and foremost, the H-1B visa classification has very specific rules about how much you are too get paid which are set forth in the H-1B Labor Condition Application which your employer should have given you a copy of and which covers a specific job area. Secondly, your USA employer must issue you a W-2 form in US dollars with requried federal and state law withholdings--you cannot just resign and go from one H-1B employer to another employer without either a new or amended H-1B petition...

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Cost for initial consultation of an employment lawyer for an EEOC mediation on discrimination and retaliation

A number of well established plaintiffs' firms will ask for a $500 consulting fee while others will provide free consultation. Also it's the facts of your case not what law firm represents your employer which determines the merits of your claim. I would recommend contacting the Legal Referral Service of the NYC Bar Ass'n--perhaps they can find you an attorney--their phone number is 212-626-7373. Good luck.

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Will my EAD become invalid if visit my home country and re-enter to US

From the point that you are raising in your question I assume that L-2 visa holder filed an I-539 application requesting a change of status from the L-2 to H-4 classification--if this application has not yet been ruled on, you should contact the USCIS Customer Service and determine if you can withdraw the application as your spouse is not in H-1B status. Otherwise, if the change of status is granted to H-4, you will have to leave the USA and re-enter on a valid L-2 visa. You can also present...

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I 94 expiring , Traveling Canada

There is always a risk for a non-immigrant when they leave the USA and attempt to re-enter on an unexpired non-immigrant visa. If you want to get a new I-94 card when returning from a trip to Canada, you must have surrendered your old I-94 card upon leaving the USA to ensure that your departure was properly recorded. Sounds like you're confusing your situation with non-immgrants who use their I-94 card to travel to Canada for trips of 30 days or less.

Went to India for vacation and lost job on H1B

You will still be subject to the H-1B 6-year limit in a 7-year period even though you change H-1B employers--for example, if you had spent the last year in H-1B status, then you will have 5 years left for the H-1B classification--the H-1B clock does not reset back to 6 years until you have spent 1 year outside of the USA--therefore if you come back to the USA for authorized OPT this will toll the 1 year outside the USA requirement for the H-1B status requirement.

Overtime payments and non-exempt employees

The answer to your question is yes as both federal and NYS law classify employees as being exempt from overtime (usually work over 40 hours per week) and/or minimum wage requirements. Exempt salaried employees may become non-exempt under a number of scenarios such as unlawful deductions for partial day abensences unless authorized by FMLA. Most exempt employees have to be salaried except for certain hourly paid computer employees. The USDOL publishes fact sheets on various wage and hour issues--...

My company has not payed me commisions for the passed 6 mo because we are in poor financal condition,

Although the practical advice may be to negotiate a payout plan with your employer you can file an online complaint with the NYSDOL to seek their assistance in getting paid--under NYS law the top 10 shareholders in a corporation covered by the Business Corporation law may ultimately be personally liable for unpaid wages: http://www.labor.ny.gov/formsdocs/wp/LS223.pdf Good luck.

Am I eligible to get paid for the work done from home while I am out of country and my H1B stamping is under admin review.

While appears to be true that the federal wage and hour law known as FLSA does not apply to work outside the USA, you still may have a contractual right to recover for lost wages for services performed for your USA employer. Unfortunately, you would have to return to the USA in either the H-1B or other classification (B-2, VWP, etc.) and start an action in small claims court or file an online claim with the NYSDOL at http://www.labor.ny.gov/formsdocs/wp/LS223.pdf and ask them for...