X Desi Emp: Not Paying Entire Salary? Help

[dream16]

I have finally moved out of EVC model and now i am in EC model (With emp being american firm and they have direct client: no vendor, nothing).

PROBLEM now is: my Desi employer will now try to steal my $ by making excuses that we spent so much on your h1b etc and will definitely pay me less than what i make in my next paycheck.

Please note: that as per LCA, he is paying a fixed amount every month, but i make way more than that and as a result i get per-diem every alternate month. So, my november, december, and first 15 days of Jan money will be pending in his hands that he is supposed to pay me on Jan 15.[nov+dec] and feb 15[jan some days money]

Let's say:

1. i join the new firm in Jan, h1b transfer and then tell him about this, he should be technically paying me all these amounts as mentioned above on 15 jan, correct ?

2. Or is there a way out where an X employer can also pay you after 1 month showing that these are misc/bonus on the paycheck, i guess he has to do it on 15jan itself.

3. Apart from filing a Wh4 complaint and not sending him the timesheets for Jan 2012, what else are my best options? Please note that he always pays perdiem as well (another way to save emp taxes and also lure people to get paid more), please advise, thanks

Thanks guys, please help.

[JoeF]

Fie a WH4. That's the best thing.

[dream16]

But wouldn't there be questions raised on per-diem etc in that case?

[JoeF]

The per diem stuff will come up with IRS, not with DOL.

[dream16]

The per diem stuff will come up with IRS, not with DOL.

So that simply means, that if i complain to DOL about non-payment of per-diem (included in my paycheck) that he regularly pays every alternate month, then he will be enforced to pay me the required amount by DOL or face severe penalties by them.

Correct?

Or, are you saying that DOL can only fine him or ask him to pay me the standard regular salary as per my LCA and can do nothing about him not paying me "what i actually make" as per-diem ? If yes, then what shall i do ?

Thanks JoeF

[JoeF]

You need to get paid the salary as specified on the LCA. That's what the employer agreed on when filing the LCA.

If you have a side agreement about other payments, then that's not covered by the WH4 complaint.

For side agreements, you'd have to file a lawsuit yourself.

For per diem stuff, you are of course also partly to blame, because that is a plot to bypass paying taxes, by both sides.

Yet another reason why this per diem stuff is a really bad idea. Do things the right way.

[dream16]

There is no formal agreement on the sidelines as that's how the shady world works.

So, wh4 = a waste of time in my situation.

Lawsuit = possibly expose all his other frauds = fake payrolls that he proudly run for people on bench/per diems for everyone etc,

yes i agree per-diem is not a good thing but my prime motive just like any other DESI right now is to get my $ out of his pocket and not bother a lot about his illegal practices.

[dream16]

JoeF,

Can you please answer the following questions:

1. If a employee changes his employer (transfers h1b) & successfully gets a receipt from his new employee lawyers, that his papers have been sent to uscis, then does uscis takes the pain to inform the old employer that his employee has terminated him?

2. In my case, if i simply do not inform my old employer that i have left him and simply say that oh, my project ended and i am looking for a new one, then he can be easily fooled into: simply paying me my next paycheck for next month from my HUGE BUFFER BACKLOG of money that he has with him for me and once i receive some amount of it later then i can tell him that i have left him. Does this sound ok?

Any better smart moves?

please let me know

thanks

[JoeF]

yes i agree per-diem is not a good thing but my prime motive just like any other DESI right now is to get my $ out of his pocket and not bother a lot about his illegal practices.

Well, that money is likely gone.

Consider this a lesson learned the hard way: never pariticpate in anything shady, like getting part of your salary on per diem. It will always come back to bite you.

[JoeF]

USCIS doesn't inform anybody, but you have to.

[dream16]

I agree JOef, it does come to bite back.

Well, i would appreciate if you can suggest me some work around here apart from the traditional: filing a lawsuit --> i have a lower advantage in it partially because of the money that lawyer will take + somehow my involvement in accepting the per-diem as well, but however, his unethical practices will be exposed and he will suffer bigger loss than my 7k.

Do advice.

Thanks

[JoeF]

I agree JOef, it does come to bite back.

Well, i would appreciate if you can suggest me some work around here apart from the traditional: filing a lawsuit --> i have a lower advantage in it partially because of the money that lawyer will take + somehow my involvement in accepting the per-diem as well, but however, his unethical practices will be exposed and he will suffer bigger loss than my 7k.

Do advice.

Thanks

WH4 and/or lawsuit are pretty much the only options.

[dream16]

Any excellent lawyers for filing a lawsuit ? It's a fight for 7000$. So, i don't want to be one of those fighters where i end up paying more than the amount itself to the lawyer in order to win the case and get that money.

What would have you done in this cumbersome situation? Exposing his other tricks: fake addresses/fake payrolls/audit history reports/per-diem games/ or the worst option: do nothing and suffer/eat-up this loss? [the one that sadly most of the desi students ends up doing due to the pain and issues involved in this fight]

Not informing him about joining the new emp and then continue to take monthly paycheck that he will run from my per-diem--> is that an option or for sure there will be a question on me regarding how come this guy is getting two paychecks from different employers when officially he has shifted to the new employer? Whose more in danger at that point--> me or the old scam employer ?

Please provide your valuable inputs.

[JoeF]

It would probably cost more than the money owed.

As I said consider this a lesson learned, learned the hard way: stay away from all such shady agreements.

As for what I would have done, I would have looked for a new employer as soon as any such per-diem BS would have been suggested by the employer. And I would have insisted on getting paid the salary as salary.

It always takes two to tango. You were an all-too-willing participant in the shady things. It was ok with you as long as he paid you. That's a big part of the problem. I hope this is a lesson to you that participation in these things is never ok.

The only option to avoid problems is to never participate in these shady things. Find another employer as soon as you are asked to participate in anything shady.

[dream16]

Also JoeF, i can ask the vendor to hold payments and not pay him. Correct ? usually vendors have a 45 day window before they pay or what ? Please let me know how best can this situation be handled.

[Chitown01]

Also JoeF, i can ask the vendor to hold payments and not pay him. Correct ? usually vendors have a 45 day window before they pay or what ? Please let me know how best can this situation be handled.

You cannot do that, your employer can sue the vendor....and vendor might be in trouble... Issue between you and your employer is non of vendors concerns....as long as you work, he gets paid and he pay your employer

[JoeF]

Also JoeF, i can ask the vendor to hold payments and not pay him. Correct ?

No. You are not a party to any agreements with the vendor.

If you ask the vendor for anything like this, you would open yourself (and the vendor) up to a big lawsuit from the employer. Do not do such stuff. Your only agreement is with your (ex-) employer. You have no other option than to either file a WH4 or sue the employer.