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Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B --Updated 19 May 2009

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  • Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B --Updated 19 May 2009
    Rajiv S. Khanna
    Message from our community:



    Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.

    Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm

    H-1B and E-3 workers, go here:
    http://www.dol.gov/whd/forms/fts_wh4.htm

    To complain to ICE, go here:
    http://www.ice.gov/contact/...
    4th April 2011, 12:56 PM
  • How soon can I leave the employer after I get my GC
    Rajiv S. Khanna
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would...
    16th February 2011, 09:41 AM
  • Entering USA, what to expect?
    Rajiv S. Khanna
    What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
    I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here. For the last two weeks I had been hearing rumors of H-1B employees being “deported” from the airport when they tried to enter (or reenter) USA. I did not believe there was much to these rumors until, during the employers conference call a week ago I spoke with an employer with whose employee this had happened at an international airport in NY/NJ. I have gone ...
    1st April 2010, 12:35 PM
  • Importance of having continuity of employment/pay stubs
    Rajiv S. Khanna
    Here is a question from our clients-only extranet. Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status. In the green card context, non-payment can lead to problems with demonstrating ability to pay wages. For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one...
    1st April 2010, 12:14 PM
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  • Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B --Updated 19 May 2009

    Message from our community:

    I (a software consultant) have EAD from my current employer(consulting firm). My employer holds my salary abruptly without any notice or reason. When pressed why? after the salary date passes by without getting paid, the general excuse given is "The bill is not collected from the client" , though there is no such contract between us wherein my salary is dependent on the accounts receivable/ collection. I want to know
    a- Can they do it legally?
    b- What are my options including can i sue this employer despite being on EAD?
    Regards,
    Annanda
    Edit/Delete Message
    Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.

    Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm

    H-1B and E-3 workers, go here:
    http://www.dol.gov/whd/forms/fts_wh4.htm

    To complain to ICE, go here:
    http://www.ice.gov/contact/
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