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kartheek_kumar

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About kartheek_kumar

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  1. Hello Everyone, Hopping someone can help me understand this situation that I am currently facing. I am working in the US on H1B Visa, but last year Oct 27th I got Laid off due to some budget issues, my employer has been holding on to 2 months of my salary for situations like this. On Dec and Jan, he ran my Pay-stubs, but never paid me anything, when I asked him, he said he will give me the money once I find a new project. This was concerning to me and I started looking for new full-time positions. On Feb I found a full-time position in a new company us the start date was on March 19th. On Feb 28th I gave my 2 weeks' notice to this employer , he responded the next day by terminating me in email stating that I have broken company code of conduct , he then started calling me and threatening me, demanding that I pay him 10000 dollars and that I have a signed an contract with him that will stop me from leaving his company. I had no hopes of recovering my money at this point, but I had a backup of all my pay-stubs up until Jan, so I just blocked his number and ignored him. Fast forward to Dec (now) , I was planning on visiting my home country for vacation , and I thought I might need some of the document especially this year Tax returns , so I send the companies HR an email asking for 2018 tax return , they send me a huge email stating that I was on bench form Oct and that they have voided all my pay-stubs from Oct and it's not valid plus they reissued me a new W2 for 2017. Now I have 2 W2’s one that I filed for return 2017 and another they issued last week which has reduced amount. They also stated in the email that I am illegal here since Oct. , But I have transferred by visa to new company and have all the pay-stubs with them . They also said in email that they have filed a dispute with the DOL court for 10000 against me. I am really concerned and confused as to what is happening, I tried to reach an employment lawyer, but they basically said since I was on bench there is no recourse to do anything, but I should try to reach an immigration lawyer. Some of my friends asked me to file a wage dispute in DOL for the months he dist. pay, that could clear my records since he wiped all my pay-stubs. Some of my other friends said don’t do anything, that If I file a complaint in DOL that could negatively impact my future in this country, they told me I should not do anything but just wait for all this to blow over PS - I tried to negotiate with him, I even told him I would pay him 10000, but he told me “I don’t want your money, I just want to see you ruined “ Also, it looks like if he deleted my pay-stubs then I have crossed the 90-day mark before I joined the new company. Is there anything I can do, I am not concerned about money as I am with my documentation, if the USCIS ever ask me old pay-stubs for green card or during stamping, I cannot produce the one that I already have as he has deleted them. But If I file a complaint with DOL so I can produce something for the missing pay-stub gap, will that negatively impact me?
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