No Pay Check and laid off on H1B

S

sonman

New Member
I was on h1b with a consulting company. My employer (desi consultant) laid me off saying they are doing some restructuring of the company. They also told me that they will give me last 3 pay stubs (even though I was not on project). I downloaded the pay stubs online as they told me to do, but I never received any pay check. I mean the pay check numbers are listed on the pay stub but I didn't have pay check. Now I have got my H1B transfer filed with the new employer and already received the receipt but waiting for approval.

What should be the best way I should take and ask my employer to send me the pay checks for last 3 month?(as the check numbers are listed on my pay stubs online)

Do I also have the right to ask them to book a one way ticket to India for me too?
 
You can complain to DOL that they did not pay you. Additionally they must pay for your return passage. Sock it to them -- its because of such people that the entire class of H1B visa holders gets a bad name.
 
MagnaHoy said:
You can complain to DOL that they did not pay you. Additionally they must pay for your return passage. Sock it to them -- its because of such people that the entire class of H1B visa holders gets a bad name.
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Did you lodge a complaint with DOL? If so, could you please share the process to be followed for doing this.
 
Looks like this company is committing fraud. Pay stubs and no pay check! Unbelievable these types of rouge employers are still in business. Once laid off while on H1B the employer is supposed to arrange a one way ticket to India/where ever the H1B employee's origin.

In case of back wages see my reply to another poster.

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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.

DL
 
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
 
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