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1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?

I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking... View More

James L. Arrasmith
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answered on May 14, 2024

It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

James L. Arrasmith
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answered on May 14, 2024

Under California law, you have the right to be paid for work performed. If your former employer owes you $2300 in wages and reimbursement for the registration fees totaling $1500 and $500, you can take action to recover these amounts. You should gather any documentation you have, such as pay stubs,... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

Neil Pedersen
Neil Pedersen
answered on May 14, 2024

If the truck is not yours, you will be creating more problems by keeping it. If you are owed money for pay and reimbursed expenses, you can file an administrative wage complaint with the California Division of Labor Standards Enforcement, or you can file a lawsuit in small claims court.... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2024

It's best to act now and not wait until a default judgment. Reaching out to a lawyer to submit a motion to quash the service of summons can help you address the issue promptly and prevent any negative consequences from an incorrect default judgment.

With the proof you have, such as the...
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2 Answers | Asked in Consumer Law, Civil Litigation and Collections for California on
Q: Would it be advisable to reach out to a lawyer now to submit a motion to quash, or wait until a default judgment?

I have a question about a civil limited case. I recently discovered that a summons and complaint (civil limited) were served, but not on me. It seems the process server falsely claimed to have served me at a specific date and time when I was actually about 10 miles away, parked in a garage, going... View More

Leon Bayer
Leon Bayer
answered on May 14, 2024

I can't help but feel that you are going in the wrong direction. A motion to quash etc. is nothing more than fancy dance moves that do not win the lawsuit. It gives you extra time to file an answer or other response to the complaint. That's all it does for you. Are you going to waste time... View More

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