Non Payment of Salary by H1B Employer

soham13

Registered Users (C)
Friends,

I found the information here very useful and hope to get some support in getting my money back.

I worked for a company from october,2000 till june,2002.

1.I got paid as agreed till March,2002.

2. But for April,May and June I was paid less. The paystub did not show actual hours I worked for. It shows the amount paid as others but mentions the hourly rate I should have been paid.

3.Employer said he should have dedcuted more since october,2000. Since he did not, he wanted to recover those amounts. No deductions are mentioned on Paystubs. He also threatened me over the phone to cancel my H1.

4. I complained this to the Dept. of labor(wages and hour) ,NJ in Oct.2003.

5.They came back saying I should complain this to U.s. State Dept of Labor since I am on H1.

6. I complained again to U.S. State dept of Labor in Dec.2003 as H1B Abuse by Employer.

7. Got reply from US state dept of labor saying they can investigate the cases only within prev. 1 year . Since in my case , 1 year is already over , they asked me submit if any thing is there within last year.


8. I have almost lost $12000 in this . Out of this $12000, $2,500 are deducted for my GC processing fees. I have no proof that my employer applied for my GC. He did not give me lawyer details.

9. Now is there any way I can legally fight this back ? Can I sue my employer in the court ?

10. I have
a.all timeheets signed by client,

b.details of payments made to employer by clients like check numbers,dates cashed and amounts.

c.paystubs for all the period I worked for with hourly rate mentioned on it.

d.Reffernce letter from client showing my work with them.

Can I use this as a proof ?

I really appreciate your help. I have gone thru tremendous mental stress due to all this. But want to fight back....!

Regards,
 
The best advise to your case would be from a well qualified attorney. Talk to an attorney ASAP without wasting time.
 
Hi sdrblr ,

Thanks a lot...!

Do I need to hire attorney practicing in NJ/NY ? The compnay is based in NJ. But now I am staying in NC.

Regards,
 
Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
 
Hi

Hi Ginnu ,

Thanks a lot for the reply.

I have already complained to DOL. But they said they can not investigate the case as it is older than 1 year. They can investigate the case within last 1 year.

So I need to file my cliam in the court. But I am not sure which type of law offices handle these cases .Can I find some good attorneys listings on the Web ? Also would it be very expensive if I hire attorney to follow this case ?

I appreciate your help.

Thanks,
 
Yep, you will need to retain an attorney. Whether you can get one in NC and file suit there will depend on your contract with the employer.

I am currently litigating 3 similar cases in NJ.
 
Top