H1b - WH4 filed but now confused on how to proceed ?

[kartheek_kumar_velu]

Hello Everyone, 
Hopping someone could help me with an issue I have with my previous employer .I was on bench for close to 6 months, at the end of 5th month I got fed up of their excuses and found another employment (they were running my paystubs but not paying me during this 6 months ). I transferred my H1b and gave them my 2 weeks’ notice , next day I got a termination email from my ex-employer stating that they have fired me for misconduct , then they started to call me and harass me , threatening to deport me if I don’t pay 15000 dollars fine for leaving the company. I ignored it and left the city. Few Months later, they send me an email stating that I owe them 15000 dollars for leaving the company and they have filed a case with DOL, this scared me and I wanted to pay the whatever they asked get this issue resolved but when I called them they said that they have revoked all the paystubs during the bench period. They said they have recovered the money by filing the claim with payroll taxes and case is just for running my life. They also send me a new W2 with reduced wages and told me this is the actual one not the other one that they had send previously. I did not know what to do until someone suggested that I file a wh4 with DOL, after a few months of investigation the DOL determined that they have to pay me a substantial amount of money and send them a letter stating that. After this I started getting calls from them asking if I can withdraw the case, if I do, they will restore my paystubs and w2.I refused this offer. Now they have come back and told me that I only have the upper hand with the DOL, but they will be filing a complaint with the USCIS. I am not sure if this is valid or if they are just making stuff up again. Just want to know what my options here are. Some of my old colleagues from the company also called me trying to negotiate. Told me that I might win the case with the DOL, but this will negatively impact me when I file for extension or green card because it looks like I am out of status here. They told it would be wise if I take their offer to restore my paystubs and w2 and not proceed with the case, I called the DOL investigator and they told me it’s basically my choice if want to proceed and they don’t have an opinion on it.

I wanted to know what are the repercussions that I might face if I chose to proceed or not proceed? I want to make the right choice that won’t impact my future here. 

Thanks,
Kartheek 

[pontevecchio]

Inform the DOL about the latest developments. Any complaint with USCIS would be against this company which could end up blacklisted from future H1 employees. 

Get a lawyer on your case. Inform Your DOL contact about their threats. Tell the employer that you will be complaining with details to USCIS about him and that you will only consider keeping quiet if they pay you all back wages and soon.

If you do not want to fight for your rights, you can always find employment in some other country.

[JoeF]

Retaliation is illegal. Tell the DOL that they are trying to retaliate. That will cost them even more.

[gopalakrishnach]

Please consult neutral immigration lawyer. From your post, it looks for sure you have upper hand your ex-employer realized it. It looks he will have major impact on him and his employees since DOL and USCIS will put him in black list. I feel you can join anonther good company and they can do your H1B. Consult a good neutral attorney.

[pranavpatil]

Hi Kartheek,

I understand you pain and worry. Best bet is discuss with Immigration attorney in your area personally. You definitely have upper hand in this matter. Your employer did not pay you for 6 months and ran pay roll. This is illegal.  Complaint to DOL will help you. Immigration attorney can let you know how to deal with it. on what basis they will file complaint with USCIS. They should have terminated you instead of keeping you on bench and do not pay. They violated law.   If I am not wrong, this employer would have asked you to sign employment agreement. This may not be valid as he did not pay you. He breached it and you may not be legally bind to follow any agreement.  One on one Session with Immigration Attorney is right approach for this issue.  

Please note I am not expert in this area and do not consider this as legal advice.

Thanks,

[kartheek_kumar_velu]

Thank you all for your responses , I will find an Immigration Attorney and proceed Accordingly 

[gopalakrishnach]

Please keep us updated.