My previous employer is not giving me experience certificates

[sowmyarahul]

Hi,

My previous employer filed my H1B. In the petition he filed as i will be working on in house project. But when I came to US he said the project is no longer there and he will find a client for me.

It took almost four months to find a client and he didn't paid a penny during that time. After I found a client, and got into a project I waited for a month and as soon as i got one month of payslip I switched to a different company.

Now he is refusing to give me experience letters. He said the client i worked for a month did not paid him and demanded that i return my one month salary and taxes he paid for that month.

 

I dont want to pay a single penny to him. But I am scared without experience certificates I will have a problem during my GC application. Currently I dont have any other documents other that offer letter, I797 and 1 month pay stubs. 

Do I need experience letter from previous employers for GC application. What are my options if I dont have experience letter.

 

Please help me in this matter.

[sri0378@gmail.com]

Hi,

May I know your total experience and highest level of education?

Do you know any of your friends working from the same employer? If so, please take an affidavit or notary from them. We can use this kind of approach if we do not have the experience letters.

Please check with your new employer before start your GC application like education and how many years of experience is required for that position.

Thanks.

[sowmyarahul]

I came to US in December 2015. I have 10 years of experience. My highest education is M.C.A (Masters in Computer Applications)

 

My new employer might not start GC for another year atleast since i recently joined. 

 

I know a person who works for my previous employer. But he might not be there for much long. Can I take an affidavit from him now even though he might not be an employee when my GC is applied? 

 

[JoeF]

On H1, you have to get paid all the time, even on bench without a project. And the employer knows it. He also knows that demanding money back is illegal.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

That's the important thing. The experience letter doesn't matter.

 

[sowmyarahul]

Hi Joe,

 

Thanks for your reply. If I complain, could he say he didn't asked me to come and I came anyway. For four months I have no proof that I am working. Only once i got a client he gave me one month payslip. which i took and left.

Now will my H1 status be in jeopardy if I complaint against him?

 

[hangover]

On 9/9/2016 at 6:56 AM, sowmyarahul said:

Hi Joe,

 

Thanks for your reply. If I complain, could he say he didn't asked me to come and I came anyway. For four months I have no proof that I am working. Only once i got a client he gave me one month payslip. which i took and left.

Now will my H1 status be in jeopardy if I complaint against him?

 

did you signed any agreements with him?

[sowmyarahul]

apart from signing offer letter, I did not signed any agreement with him.

[sowmyarahul]

Hi hangover,

 

Apart from offer letter, I did not signed any agreement with him.

 

Thanks,

[sowmyarahul]

On 9/10/2016 at 5:06 PM, hangover said:

did you signed any agreements with him?

Hi Hangover,

Can you please advice. Apart from offer letter, I did not signed any agreement with him