Employer is not giving back money. Need help to register complaint with DOL

[achilles1]

 

I got GreenCard through my US Citizen spouse and I moved from my Employer A to Employer B(Vendor as well). 

 

My previous Employer A gives me whatever the number XXXXX on the LCA.

1.He cuts 10% from my hourly rate which they call BONUS ! but in the real scenario they said that they will use that money, if they go on a bench which never happened. And the amount got bigger and bigger and it reached 5 figures. Since I moved to the new employer B, my previous employer A is not giving back my BONUS Money NOW.

2. I had paid for my Initial, Renewal H1B visa, I-140 and GC processing fees. But they promised me that they would return the Initial H1B which was XXXX and they promised that they would return back after working with them for 6 months. But they haven't returned anything though I worked for more than 5 years. I have bank statement and Emails proof's

3. My Vendor pays 65 per hour to my previous employer A. But my previous employer A who always says that he is very transparent when it comes to pay at the front but always pays me 44 per hour.

 

When I asked my previous Employer A  that the above things need to be returned from my previous employer. Then they said that they don't know what I'm talking and asked to file a complaint 

 

My questions:

 

All I'm asking is to get my money back which I deserved for. If I file a complaint in DOL against my Employer A. Do I lose my GC though I got through my US Citizen Spouse ? I really want to file a complaint against my employer without affecting my GC status. Please advise !!

 

 

I really appreciate it if anyone can help me or recommend any good attorney in getting my money back from Employer A. 

 

[permaudit]

If he has paid your wages as specified on the LCA. They are in good standing and the DOL complaint might not have any standing. There are a lot of such shady employers that do this and exploit the situation. Unless there is a good proof that they agreed to pay you the percent split on the pay rate, there is so much you could do. 

Sorry to be the bearer of this news, but personally I was on such guy lost a ton of money in the exact same way from a previous employer. All the best!!

I would still do a DOL Complaint regardless of the outcome so that at-least the company is in DOL's radar. It will not affect your GC Status whatsoever.

Edited March 14, 2022 by permaudit

[JoeF]

Search for form WH-4.

[LeaveMessageH1B]

-Details you mentioned in #1 and  #2 both are highly illegal practices and you agreed to it (and willingly participated) when it was in your interest. 

#3 is none of your concern , as long as you get paid per LCA you're good. 

Google "Instructions for Form WH-4" for starters, also find lawyer who is willing to work with you. 

https://www.dol.gov/agencies/whd/forms/wh4

 

Edited March 15, 2022 by Leavemessageh1b
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