H1B employer cheated

[rajapar]

I recently changed my employer via H1 Transfer. I was with my previous employer for almost 3 years. He owes me around $9,000 due from my salary based on 80-20% basis as we agreed at the time of joining. But he mentioned only the minimum wage in the offer letter and paying me only the fixed salary for every pay cycle. And he maintains an excel sheet with all the hours worked, paid and what's left, etc. So, according to that excel sheet, now the remaining amount was accumulated upto $9000.

Having said that, so far he hasn't paid me the due amount. I kept asking him for the remaining money and he said that he would send me the excelsheet and he will pay me in a week. But he never did so. Most of the times, he didn't pick our call but sometimes, he will return saying that he was busy or out of town and he will pay by next week. I was with him for almost 3 years and so I was trusting him.

However, for the last few days, he stopped picking our calls and it automatically going to VM. Sometimes it even rings and goes to VM immediately (looks like auto forward to VM is set). He hasn't returned my calls yet and now I realize that he is not gonna pay me.. I am seeing that he was just delaying for some reason and now he stopped all of his communications.

Now my questions are,

1. Can I legally fight and get my money back? (I have his emails and excelsheets that howmuch he has paid me and what's left, etc.)

2. I also have his email saying that he will send the excelsheet for remaining amount for the final settlement.

3. He also hasn't given experience certificate too. But I have all of his W-2 etc, and I am worried that whether he will send the W-2 for this year or not (after all this happened)!

4. Do the emails and excelsheet enough to prove that he owes us? or since he stated only minimum wage in the offer letter, won't I be able to prove it?

Please help me with your suggestions, I am really feeling cheated, frustrated and helpless. I'd highly appreciate your answers.

[JoeF]

If the old employer violated the H1 rules, you can file a complaint with DOL on form WH4.