Can I take any legal actions?

[relocate123]

I transferred my H1 to this Indian Consulting firm 5 months back, but he hasnt been able to place me on any projects. He hasnt paid me since the past 5 months. Does that make me illegal?

He promises to get me started every next week and it hasnt happened since past 5 months. since my employer hasnt paid me, Can i take any legal actions against him?

Will any legal action taken against the company land me in any trouble?

 

[max2k1]

Hi:

You might get a better response if you post to the forum that deal with H1 issues.

Go here and choose the right SC forum
http://www.immigrationportal.com/forumdisplay.php?s=&forumid=36

I think the best course of action for you is to immediately transfer your H1 to some company that will pay you.

Once you do that, you can file a complaint with the Dept. of Labor in your state and they can get back some of the money for the last 5 mos.

You need to really take your case to an immigration attorney as am not sure of the impact on future GC etc etc....but one thing for sure -- try to get out and get your H1 transferred.

HTH.

 

[dsatish]

Originally posted by relocate123
I transferred my H1 to this Indian Consulting firm 5 months back, but he hasnt been able to place me on any projects. He hasnt paid me since the past 5 months. Does that make me illegal?

He promises to get me started every next week and it hasnt happened since past 5 months. since my employer hasnt paid me, Can i take any legal actions against him?

Will any legal action taken against the company land me in any trouble?

Your status is fine, even if you don't get paid. The problem is how are you going to transfer your H1 to another company without a recent paystub? SOme companies will trick you into joining them saying that they will do H1 transfer to you, but they won't do it until they place you at a client and you stay at the client for 2 months . There are lot of headaches and problems associated with H1 visa. You always need to play safe. I suggest that you should try hard to find a job on your own and then join the client through your company. Try to get help from some friends and learn some hot skills where finding a job is easier. Don't sit in your room waiting for the job. When jobs don't come your way, you need to be more pro active and try to get others help for learning new skills.