employer not paying the wages

wacko33

New Member
I am currently on third year h1b J1 waiver job.My employer is paying me less than the salary mentioned in my approved h1blca application.He has agreed to pay me back the diffference approx(22,000 per year)to me after the three years are over.I have an approved NIW for physicians and have to send proof of working in an underserved area in jan'2010.Can someone tell me if this will have any repercusions on me if he pays me in the end or if he doesnt pay me at all?My Gc application is based on my intention to work in an underserved area and not PERM based.Any input will be appreciated.Is it too late to salvage anything?
 
Hi,

If you have all the proper documents to prove your case you can either file a case with DOL or file a lawsuit against the company in the court. In addition to your past wages, the court will order to pay an interest since the wages were due and some penalty. Filing a case can be a long drawn process but in the end you will win provided you are telling the truth and there is nothing fishy regarding your case.

I myself have usefully sued (while on H1B) and won against one of my previous employers for not paying wages as agreed. If you are filing a lawsuit there will be time limit before which you will have to file the lawsuit. Check with a good lawyer.

D L
 
Will this situation have any repercusions on this person, if the employeer pays him in the end or if he doesn't pay him at all? How wil that affect his stay??
 
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