Need suggestions - Planning for WH4 complaint on my previous employer

[nrkiran1]

Dear forum members

I am on 8th H1B year extension based on the approved I-140 from my previous employer. I left them 11months ago because they were not depositing my paychecks on time (always 3 to 4months delay) even though they ran my payroll on time.

Last June I transferred to my current employer after filing for H1B transfer. Since then I was literally calling and begging my previous employer to deposit my last 3months (Feb to May 2011) of salary. They still owe me those deposits, because like I said above, they ran my payroll and gave me the paystubs but not the pay checks. They kept those paychecks with them telling me that they will deposit them soon in my account.

The only reason why I kept quite till now is my current employer still didn't start my I-140 and my previous employer is threating me that he will cancel their I-140. If they do that I am no longer eligible for new H1 extensions with my current employer.

Now that I am almost close to finishing 12 months since I joined my current employer I am planning to file a complaint to DOL on my previous employer to get my money back.

Can any one suggest me your opinion or is it a good idea to risk my future H1B extensions given the fact that my previous employer might cancel their I-140 if I file a complain against them ?

Is it true that if I file WH4 complaint against my previous employer after 1 year leaving them, DOL will not consider my complaint ?

Thank you.

[kalyan_ac]

You can file a complaint with DOL anytime even if its after an year.

[nrkiran1]

You can file a complaint with DOL anytime even if its after an year.

Are you sure ? Can you give me the source of your information ?

Because I've heard from some of my firends that after 12 months I will not have any authority over this case and there is no use of filing a complaint. So I am now planning to ask my current employer to upgrade my currently pending H1B extension petition (because I got only 1year approval last year) to premium processing so that I can take action on my previous employer in next month.