H1 Employer Misguidance - Out of Status

[chetansaip]

I got 3 years of H1, later when we amended the petition, we got only 1 year of h1 with I94. My employer misguided me that Amendment's expiration date is not considered but the initial H1 expiration date is taken into consideration. Later he called me 60 days after Amendment's expiration date and said I was out of status from 60 days but can still work, he also ran 2 payrolls when I was out of status. 

Later I spoke to ****** attorney and I left country immediately and came back on H4. Because of his misguidance I lost my work status and job, is there a way to go legal on him? 

FYI, he also charged me for H1 and Amendment process, I have proofs for these transactions and email conversions. Please advise.

[adshah84]

You can file complaint with DOL for H1b and H1b amendment charges but it's your responsibility to be aware of immigration laws and to maintain your status. 

[JoeF]

The employer is not a lawyer, so mistakes can happen. It would have been your responsibility to make sure things are ok, e.g., by having things checked by your own lawyer. When you buy a car, you probably have it looked over by a mechanic (or are you ok with giving me top money for a car that drives out of the parking lot, but breaks down once you drive 40-50 mph?) When your work permission is concerned, you should be even more diligent.

But the employer has to pay for the H1. If it isn't a year since that violation, you can file a complaint with DOL on form WH4.

 

[chetansaip]

Thanks  Adshah & JoeF