vendor not paying - 2 weeks

[tollgate0000]

hi,

my brother was working in h1b and was contracted to a client site. he had to leave to india n mid of dec last year for vacation but due to some family /visa issues coupled, he is unable to return back til date. he lost the job at client  sit as well.

as per his contract, he is supposed to give due to 2 weeks notice with  vendor/client.but due to his above mentioned situation,he s unable to serve that notice. now the vendor is not paying him the same. he is pretty sure the vendor got  paid from the client though.

how can he get the vendor pay him..can a complaint to IRS or USCIS help?will it back fire him n any way? i heard the 2 weeks is only a courtesy notice. is that true?or is the employer legal to withhold his approved hrs. what does labor law  saying this case.?

 

[JoeF]

The vendor doesn't pay him. His employer pays him. He has no claim against the vendor, he has a claim against his employer.

His employer has to pay him regardless of the vendor not paying his employer. That's the only thing that matters.

If he doesn't get paid by his employer, he needs to file a ccomplaint against his employer with DOL on form WH4. And he needs to find a better employer, one who follows the law.

[hmaster]

cant do much - If any thing only your employer can sue the vendor, but it will be way more expensive in attorney fees - just forget the money if its less then 30k. 

[wiweq]

He needs to be paid properly as per LCA prevailing wage. If employer doesn't pay, file WH4. 

[hmaster]

he is asking about vendor not paying his employer 

Let's take his question a bit practically - we all know employer has to pay - but we also know his employer has the authority to terminate his h1

[JoeF]

2 hours ago, hmaster said:

he is asking about vendor not paying his employer 

Let's take his question a bit practically - we all know employer has to pay - but we also know his employer has the authority to terminate his h1

Filing a WH4 helps with H1 transfer, which he otherwise can't do without paystubs.