H1-B complaint of employer?

[freephoneid]

Hi,
I'm on H1-B visa & & my employer has not paid me from last 3 months & he is saying that since you're on bench, we cannot pay you unless you find some client & get started working for the client.

When I joined this employer, he took $2500 from me for H1-B transfer, saying that its a deposite they take & return it after 1 yr.

Now, I want to do a change of status from H1 to H4.

My question is:

1. Can I file a complaint against this employer for taking this H1-B transfer amt & not paying for 3 months?
2. If yes, should I file it after getting change of status approval to H4 or before?
3. Would there be any impact on my status??

Thanks!

 

[ginnu]

Hi,
I'm on H1-B visa & & my employer has not paid me from last 3 months & he is saying that since you're on bench, we cannot pay you unless you find some client & get started working for the client.
------------------------- BENCH is not allowed. Employer must pay you the wages according to LCA
When I joined this employer, he took $2500 from me for H1-B transfer, saying that its a deposite they take & return it after 1 yr.
---------------------do you have any evidence that you employer took $2500 from you?
Now, I want to do a change of status from H1 to H4.
---------------------File COS with form I-539 with USCIS
My question is:

1. Can I file a complaint against this employer for taking this H1-B transfer amt & not paying for 3 months?
------------------------------yes, yes
2. If yes, should I file it after getting change of status approval to H4 or before?
-----------------------------file now when you are on H1.
3. Would there be any impact on my status??
------why?
Thanks!

-------------------------

 

[freephoneid]

I just have the copy of the check which I paid to employer & in the memo, I've written that "H1-B Transfer fee".

Is this sufficent to make complain??

Can I file I-539 by myself??

Can I make a complaint after getting approval of change of status to H4 i.e. after 3 months?

Can employer sue against me in any other way??

Thanks!

 

[ginnu]

I just have the copy of the check which I paid to employer & in the memo, I've written that "H1-B Transfer fee".

Is this sufficent to make complain??
----------------- You will file complaint with DOL to recover your wages for 3 months and the fee that Employer got from you..
Can I file I-539 by myself??
-----------------You can if you know what to fill in form.
Can I make a complaint after getting approval of change of status to H4 i.e. after 3 months?
----------------------------file complaint with DOL when you are on H1.
Can employer sue against me in any other way??
----------------- Employer can’t sue you as you have not done anything wrong. Employer will be investigated and all your wages will be recovered by DOL and Employer may also be fined and may be stoped from filing any H1 min futrue as they are absusing H1 rule/regulation.
Thanks!

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[Anarki]

Actually my situation is very similar to this one, employer didnt pay for 6 months holds me benched and charged me a fee for petition application.

However, on top of that he made me sign Memo of Understanding that, as he states there, is a continuation of LCA and Petition agreement, and he states in this memo that he keeps the right not to give me any job, not pay me, and terminate employment at free will, also, that I do not have any right to take action against him. So he made me sign it before submiting H1B petition threatening that if i wont sign he wont submit petition and will fire me (at that time i was on OPT with the company).

So my question is...is it legal to create such sorts of memos "extending" the LCA contract? And can I still report him for all these violations? What impact this memo will have on me during investigation?
Thank you!

EDIT: one more thing wanted to ask: do I fall out of status if I wasnt given any work and wasnt paid for almost 6 months?

 

[ginnu]

Actually my situation is very similar to this one, employer didnt pay for 6 months holds me benched and charged me a fee for petition application.
-------------------you are out of Status. file complaint with DOL and they will recover the wages for you.However, on top of that he made me sign Memo of Understanding that, as he states there, is a continuation of LCA and Petition agreement, and he states

in this memo that he keeps the right not to give me any job, not pay me,
--------------if you have the copy of Memo of Understanding give the Copy to DOL. what does employer mean by writing "keeps the right not to give me any job". if he cant give the job or pay the wages then why did he file H1 petition? DOL will fine that employer and employer may not be able to file any H1 petitions in future.
and terminate employment at free will, also, that I do not have any right to take action against him. So he made me sign it before submiting H1B petition threatening that if i wont sign he wont submit petition and will fire me (at that time i was on OPT with the company).

So my question is...is it legal to create such sorts of memos "extending" the LCA contract?
And can I still report him for all these violations?
-------------------Yes
What impact this memo will have on me during investigation?
-----------------Employer will be fined and your wages wiull be recovred by DOL.Thank you!

EDIT: one more thing wanted to ask: do I fall out of status if I wasnt given any work and wasnt paid for almost 6 months?
-------------------Yes you ARE out of status.

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