Few questions regarding my employer paying me intermittently

vasudev70

New Member
Our current H1B/H4 visa is going to expire in April 2009. My employer has indicated in last month that he is not going to extend my visa. In past, he has been paying me intermittently i.e. only when I was on project. He did not pay me a dime when I was on bench for 4 and half months in 2007. Currently, I am on bench since Oct 2008 with few other consultants and he has not been paying since then. Their argument is two of their major clients have filed for chapter 11 hence they do not have much business and cannot pay. I am friend with controller and he has mentioned that company has money but they are careful in spending. They are spending on new S550 though -J

Question:

1. Where I can file complaint for back pay before my employment is officially terminated?
2. Do I need to hire an attorney? Any referral will be helpful.
3. There are high chances that my employer will terminate my employment as soon as he learns that I am trying to get back pay. How I can safe guard against that like shall I transfer visa to another company or maybe visitor visa? How difficult is that?
4. How much time do I have after termination of the employment before leaving the country?
5. How long does it takes to transfer H-1 to H-1 if I am able to find sponsor.
6. Will I loose right to get back pay if I am deported to my home country.


I would highly appreciate response back.
 
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