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Procedure to resign from Desi Consulting Company?

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  • Procedure to resign from Desi Consulting Company?

    Hi,

    I am planning to resign from a Desi Consulting. They hold a month's salary of mine. That is if he runs a payroll for Apr 1st - Apr 15th then he pays the amount only on May15th. So there is always a month's backlog. When asked abt this procedure they said it because they need to get paid from the client which takes abt 25 days. This is how it has been working and have been with them for more than a year now.
    • Now I want to move to different whose H1 transfer is approved. I planning of giving a week's notice in my resignation. Is it ok?
    • Is it possible for them to just run the payroll but dont deposit the money into my bank account? Can I prove with my bank statements that they never paid me actually though for record purpose they ran the payroll? I am asking this because they have done this in the 1 yr I have been with them?
    • Is experience letter a mandatory to get from every employer you work for in US for GC filing? What is the alternative if my consultant doenst provide me one?




    Thanks in advance

  • #2
    [*]Now I want to move to different whose H1 transfer is approved. I planning of giving a week's notice in my resignation. Is it ok?
    >>> If 1 week notice is what your company policy is, then YES.

    [*]Is it possible for them to just run the payroll but dont deposit the money into my bank account? Can I prove with my bank statements that they never paid me actually though for record purpose they ran the payroll? I am asking this because they have done this in the 1 yr I have been with them?
    >>> If they just generate the payslip, but didn't actually deposit the money into account, then you can take legal action against them. That is a fraud. You can prove that using your bank statement. You should also complaint to DOL in such case.

    [*]Is experience letter a mandatory to get from every employer you work for in US for GC filing? What is the alternative if my consultant doenst provide me one?
    >>> Experience letter including your designation, roles and responsibilities, special skills etc will help a lot. Especially when you file your GC. If you cannot get it from your employer, then try to get a couple of them from your co-workers (Employees of your company) which should be notarized.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      [*]Now I want to move to different whose H1 transfer is approved. I planning of giving a week's notice in my resignation. Is it ok?
      >>> If 1 week notice is what your company policy is, then YES.

      [*]Is it possible for them to just run the payroll but dont deposit the money into my bank account? Can I prove with my bank statements that they never paid me actually though for record purpose they ran the payroll? I am asking this because they have done this in the 1 yr I have been with them?
      >>> If they just generate the payslip, but didn't actually deposit the money into account, then you can take legal action against them. That is a fraud. You can prove that using your bank statement. You should also complaint to DOL in such case.

      [*]Is experience letter a mandatory to get from every employer you work for in US for GC filing? What is the alternative if my consultant doenst provide me one?
      >>> Experience letter including your designation, roles and responsibilities, special skills etc will help a lot. Especially when you file your GC. If you cannot get it from your employer, then try to get a couple of them from your co-workers (Employees of your company) which should be notarized.


      Fantastic. thank you Shervin.
      No where in my offer letter from the consultant mentioned that minimum notice period is 1 or 2 weeks. It was only mentioned that I should agree to stay with them for 12 months. (If I don't do --- they didn't mention any penalties)

      Comment


      • #4
        They don't mention that in the offer letter. As long as you did not sign any other document with them, you are good. If yo did and if you are breaking any clause, then do consult an attorney to be on the safer side.

        Originally posted by ganesh_r View Post
        Fantastic. thank you Shervin.
        No where in my offer letter from the consultant mentioned that minimum notice period is 1 or 2 weeks. It was only mentioned that I should agree to stay with them for 12 months. (If I don't do --- they didn't mention any penalties)
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          They don't mention that in the offer letter. As long as you did not sign any other document with them, you are good. If yo did and if you are breaking any clause, then do consult an attorney to be on the safer side.
          Nope. Just signed the offer letter which had one clause "agreement to work for the company for 12 months" and I have completed 18 months thus honoring this commitment. Guess I am good to move on.

          Thanks shervin.

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