H1B: DOL (WH4) Complaint_ Need clarity on investigation process

[moresolve]

Hi.

 

Question 1:

 

If I file complaint against employer for non payment of wages through DOL, then in the investigation process of DOL what is preceding -  Terms & clauses mentioned in Employment Agreement & Offer Letter (Between me and employer) OR rules of Immigration law?

 

Note: Asking this question because my Employment Agreement & Offer Letter has many ambiguous clauses like employment start date is not clear and also I was on bench (non productive time) and was searching for end client / project for corp to corp employment type. Hence from employment agreement perspective my case is weak, but as I think employer has violated immigration rules... then that may get precedence and that will benefit me. 

 

If because of my Employment Agreement & Offer Letter it gets proved that I have violated the rules then that may give me big hit.... that is my worry. So on this information I can be in a better position to decide if DOL complaint is really going to benefit me or not?

 

Question 2:

 

When I arrived in USA, I asked to employer in written if we need to complete I-9 form formality? ... I got reply in written that, first I need to get confirm project in hand , then only we can submit I-9 form. I think here my employer has violated the rules as I am on W2 of my employer. Also ... I have many communications with my employer staff throughout this period for searching the project.  Can I use this for my benefit in DOL investigation as a proof of my joining to the employment ?

 

 

Thanks

[jairichi]

1. US immigration laws.

2. Submit all documents.

[JoeF]

The law is what matters. A contract can never violate the laws.

[moresolve]

The law is what matters. A contract can never violate the laws.

 

Fact 1:

 

When I arrived in USA I did not report to employer office. When I asked employer about this before arriving to USA on phone, my employer  told to stay at relatives place on own cost. We assumed that sooner or later I will get some project confirmation, in actual it did not happen and I was on non productive time throughout my stay in USA. 

(Also all expenses are incurred by me like H1B Petition, India to USA travel, Visa stamping in home country, living cost since I arrived in USA).

 

Question 1

 

If because of above fact I can not prove that I have entered in the employment with my employer then how DOL will handle this after I file a complaint? Will it be proved that , I have violated Immigration rules and hence serious action (Fine or imprisonment or deportation) needs to be taken against me... Is that impact I can expect?

 

 

Fact 2:

 

After arriving in USA at different location (other than employer address mentioned in LCA) ... I asked to employer in written if we need to complete I-9 form formality? ... I got reply in written that, first I need to get confirm project in hand , then only we can submit I-9 form. I think here my employer has violated the rules as I am on W2 of my employer. Also ... I have many communications with my employer staff throughout this period for searching the project.  Which shows that my employer was aware about my physical presence in USA.

 

Question 2:

 

Considering Fact 1 and Fact 2 btoth....Can I use Fact 2 supporting documents for my benefit in DOL investigation as a proof of my joining to the employment ? ..........  So that I may be able to prove that I have entered into employment with my H1B sponsoring company / employer .

 

 

 

Question 3:

 

Overall if in my case I have very serious impact in DOL investigation then what is suggestible to me? Shall I really go for WH4 complaint or not?

 

 

Question 4:

 

If I go back to home country without any complaint against employer, then in future may be after few years do I have any major challenges to enter in USA for job?  (Note: I will have no pay stubs or W2 for year 2015)

 

 

 

I need to take appropriate step considering risk factors involved. Please suggest on above 4 questions. Its really urgent.

 

 

Thanks