Originally posted by anu73_in
Hi,
How many of you have been duped by your employers? So many of us just let it go b'se we cannot afford to pay the fees to lawyers?
Do you think it is high time to stand for ourselves?
My husband's last employee has not paid salary for hours worked? Is anyone ready to help?
This post is off topic.
But here is what you need to do:
We are often asked this question that if an employer is not paying the promised wages as per the H-1 petition or is asking employees to take unpaid leave, what are the consequences and what are the remedies.
CONSEQUENCES
It is impossible to predict the immigration consequences, but INS will probably be inclined to consider the employee out of status.
WHAT ACTION TO TAKE
1. Complain to INS Service Center that approved your H-1. Send a copy of the letter to the local INS District Director's office in the city where your employer is located.
2. Complain to the U.S. Department of Labor that certified the Labor Condition Application.
All addresses can be found on our web site.
It is very difficult to say whether USDOL or INS will take any action, but if there are multiple complaints over time, they will.
How to Recover Wages Owed:
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Complain to the State Workforce Agency ("SWA") where you performed the work. SWA is the generic name for a type of State level agency that is responsible for ensuring compliance with employment laws in each state. Some examples:
New Jersey SWA is called New Jersey Department of Labor
Virginia SWA is Virginia Employment Commission
DC SWA is called Department of Employment Services
US Department of Labor will have the information you need at
http://workforcesecurity.doleta.gov/map.asp
Most of the SWA's have a mechanism for recovering money from employers.
Regards.
