seminole1175 Posted September 21, 2011 Report Share Posted September 21, 2011 I m about to file WH4 against my employer who failed to either provide me a project or pay my wages since the day H1 has been approved. Do you think my employer can trouble me regarding the breach of contract what he made me sign before filing my H1? And do I have pay that big chunk of money mentioned for the breach of contract? According to what I have read in the forum and other websites that if he failed to pay me then I m not entitled of any contract either. Please provide your valuable suggestions. Link to comment
Joe.F Posted September 21, 2011 Report Share Posted September 21, 2011 The employer may try to argue breach of contract, but as you mention, the employer not paying the salary means that the employer already breached the contract, meaning you are no longer bound by it. Link to comment
SameerH1Bworker Posted September 21, 2011 Report Share Posted September 21, 2011 Totally agree with Joef. You should file WH4 & it seems lot of chances you get back wages. Link to comment
seminole1175 Posted September 22, 2011 Author Report Share Posted September 22, 2011 Thank you for replying guys. I have one doubt if before i get a new project with a new employer by chance my current employer provides me a project and i start working on it. Then In that case can i still file DOL complaint for my previous wages that he didn't pay? Or I loose my rights to file WH4 as soon as the employer @ fault provides me a project to work on. Link to comment
Edmon Posted September 22, 2011 Report Share Posted September 22, 2011 There are a couple of things: 1) Approval of H1B does not mean anything if you are not on the employers payroll. Are you an employee with this company ? Just getting your h1B approved through this company does not mean that they have to pay you. Most probably you are their employee. Still, just wanted to make sure. 2) My second point comes from the first one. If you are on their payroll, then they are violating the rules by not paying you. File the WH4. Get a new employer and ask the new company to file for h1B transfer. To be clear, H1B transfer is in reality a new H1B with a new employer. As far as the contract goes, there can be no contract to force your employment or pay up X amount. As far as the h1B fee is concerned, it is the employer's responsibility. Good Luck ! Link to comment
Joe.F Posted September 22, 2011 Report Share Posted September 22, 2011 Originally posted by Edmon: There are a couple of things: 1) Approval of H1B does not mean anything if you are not on the employers payroll. Are you an employee with this company ? Just getting your h1B approved through this company does not mean that they have to pay you. Most probably you are their employee. Still, just wanted to make sure. If the person is in H1 status, the person has to get paid. If the company lays the person off, then the company has to inform CIS about that, so that the H1 will be revoked. Failure to do that exposes the company to liability to pay the salary. There has recently been a lawsuit about that, in which the company was ordered to pay several years of back pay, because they neglected to have the H1 canceled. Link to comment
SameerH1Bworker Posted September 22, 2011 Report Share Posted September 22, 2011 @seminole1175 Even you can file WH4 after you leave previous employer. though I think time limit is 12 months, within 12 months, after you leave your employer, you need to file WH4. Link to comment
seminole1175 Posted September 22, 2011 Author Report Share Posted September 22, 2011 Thanks JoeF. Your comment clarifies my doubt. Link to comment
seminole1175 Posted September 22, 2011 Author Report Share Posted September 22, 2011 Could you please guide me through my previous doubt and suggest me what is the right step to take. Thanks in advance! Link to comment
NIkeita Posted August 14, 2014 Report Share Posted August 14, 2014 Hi All I am on h1b right now . I have a contract with my current employer which says I can not leave them before 3 years and if I leave them I have to pay them 5000 usd . now I got another full time job and they are transferring my visa . SO I want to know if contract is legal or illegal . I want someone who can analyze my contract . Any help would be great .? sorry for posting in same topic but i was not able to find where to post new topic. Link to comment
rahul412 Posted August 14, 2014 Report Share Posted August 14, 2014 Hi All I am on h1b right now . I have a contract with my current employer which says I can not leave them before 3 years and if I leave them I have to pay them 5000 usd . now I got another full time job and they are transferring my visa . SO I want to know if contract is legal or illegal . I want someone who can analyze my contract . Any help would be great .? sorry for posting in same topic but i was not able to find where to post new topic. Those contracts are legal. To get more help, contact an attorney to review that agreement. Link to comment
JoeF Posted August 14, 2014 Report Share Posted August 14, 2014 A penalty to leave a job early is illegal. What is allowed is liquidated damages, but that gets lower over time, since the employer gets his investment into your training, etc. back the longer you work for him. To analyze the contract, you would have to talk to a labor lawyer. The state bar in your state has a referral service (search for "state bar".) Link to comment
pontevecchio Posted August 14, 2014 Report Share Posted August 14, 2014 Please run the contract by a Labor Lawyer in the state concerned. Link to comment
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