Thank you for contacting me but your question is one that relates to a specific factual situation and should be reviewed with an engaged attorney....

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...

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...

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...

My employer paid per diem but now he is asking back that money--H1B Visa

Contact the NYSDOL as empoyers must pay an employee, even H-1b workers, for all services performed and cannot withhold or deduct from an employee's...

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...

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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...

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...

Absolutely not--Section 193 of the NYS Labor Law and opinion letters of the NYSDOL make this perfectly clear--the DOL's policy on wage deductions...

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...