Employer not paying

[sbunita123]

Hi All,

Would really appreciate any suggestions/experience regarding the following.

I'm working as salaried employee on H1B with a consulting company . They haven't paid me for past 2 months..and giving all kind of execuses of paying soon. I'm really frustrated, because the client has paid them and they are not paying me. It looks something is going wrong in the company.

Can I take a legal action against them..? what can happen to my H1 ?

Thanks.

[anu73_in]

Hi All,

Would really appreciate any suggestions/experience regarding the following.

I'm working as salaried employee on H1B with a consulting company . They haven't paid me for past 2 months..and giving all kind of execuses of paying soon. I'm really frustrated, because the client has paid them and they are not paying me. It looks something is going wrong in the company.

Can I take a legal action against them..? what can happen to my H1 ?

Thanks.

Hi,

We were in a similar situation. First find another job. Get your H1 transfered and then submit you resignation to previous co. saying that you are quiting for not being paid for whatever period you have worked. Sent them a letter with the resignation (you should have a return receipt for this from USPS) saying that you give them 1 weeks time to pay your dues else you will file a claim in Small claims court. This normally works....if they still don't pay you ...file a claim in Small Claims court.....this you can do yourself don't need to hire a lawyer. But all you have to do is try to file papers etc in a proper manner and mostly you will get your money.....but the only catch in this is that your dues shouldnot be more than $5000/- or so. Check at your local small claims court.

Best Luck
Anu