Employer's Harassment

[bapu100]

Hi,
Thanks for your service to the H1B visa holders. It has been little more than 3 months since i came over to US. I have been put up with my employer's guest house all through this period. My employer pays $60 for food expenses every month and there is no other stipend given.
Now, my employer has given me a deadline till Nov 31th to stay in the guest house or else to leave for India. In this situation, my employer demands a letter from me stating that i have been on vacation so far and that i will get a project within a month time. I would like to know the consequences of my giving this letter to my employer and would like to get proper guidance in this connection.
Your help is needed

Sincerely,

 

[RamFan]

Bapu100

Bapu100,

This is totally illegal. Your employer is supposed to pay desired salary stated in your Labor condition application for your H-1b visa. Labor condition is the first step to obtain H-1b visa for an alien. They submit this application to Dept. of labor. Once approved, they file for H-1b visa. There is a term called prevailing wage in your labor condition application, which is the minimum wage for that occupation in the particular state. You wage should be more than the prevailing wage, and your employer should pay according to the law. If they don’t they can get in lot of trouble. Even Dept. of labor or INS can take away their ability to file any H-1b. Once you sign something like then your employer will have an upper hand on the situation and they have no obligation to pay the desired salary. $60 a month is a joke....you need to talk to an attorney or look for another job.


Good Luck,

RamFan


Disclaimer: This is just an opinion, and not a legal advise. Please contact an attorney for legal advise