user8388 Posted May 7, 2019 Report Share Posted May 7, 2019 Hello, I was on H1b with employer A in New-Jersey. I recently got a job in california and moved. my new employer B has applied for my H1b transfer. while filing my taxes for 2018 i noticed that i have been payed $10000 less than what was mentioned in the LCA for my H1-b. I joined Employer A while i was in OPT and signed offer letter which mentioned $55000 per anum. but as soon as my H1b got approved my pay should have be increased to $65000 per anum since my LCA was filed stating my wage is $65000, but that change never happened. Since also the minimum wage for H1b is $65000 in New jersey i spoke with my employer A and they refused to change my pay. I have been on H1b with employer A from nov-2017 to Apr-2019. I did not get my H1-b transfer approval with new Employer yet but i did get receipt that the H1b has been filed. Can anybody guide me what are my options. Here is my Plan currently, Please guide me if i am wrong or if there is a batter plan. 1) I am planning to file a complaint with Department of labor telling there was a violation with my H1b wage and the employer is refusing to correct it. 2) if my employer still refusing, will this fall under Fraud in Foreign Labor Contracting and will i be eligible for apply U-Visa under Fraud in Foreign Labor Contracting as qualifying criteria. Please let me know what are your thoughts and comments about my situation. Thank you Link to comment
JoeF Posted May 8, 2019 Report Share Posted May 8, 2019 7 hours ago, user8388 said: Since also the minimum wage for H1b is $65000 in New jersey Where did you get that idea from? There is a minimum H1 wage if the employer is an H1-dependent employer. That has nothing to do with the state. If the employer didn't pay you according to the law file a complaint with DOL on form WH4. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.