Getting paid less than what is shown on Paystub

[Dattguru]

I have been tortured by my employer with my monthly salary. He is trying to recover his losses from my monthly paycheck. Last year he didn't receive any payments from our Prime Vendor for almost x months. He paid me the salary from his funds last year , but this year he started recovering money from my regular paychecks. He runs my paystub as per my regular salary , but in background sends me a cheque after deducting his lost money. This has been going on since last several months.

I am in a EB3 to EB2 porting scenario with following details :-

Company A:-

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EB3 PD - Oct 2006

EB3 I140 Approved Jan 2007

EB3 I485 filed July 2007 / (( EAD /AP received within 90 days ))

Company B:- Joined after 3 years since EB3 I485 was filed

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EB2 PD April 2011

EB2 I40 approved Oct 2011

Lawyer Says we need not file I-485 under EB2 category. Your EB3 I485 should get approved within next 6 months. You need not file Interfile I485 nor open a SR or take a InfoPass.

0. What are my options to leave such a EMPLOYER while my I-485 is pending ? When i say my I485 is pending i mean my EB3 I485 is pending.

1. Should i wait till my I-485 is approved and get tortured more ?

2. Is there a rule which says i cannot leave my employer once my my I-485 gets approved ?

3. Can my employer revoke my Green Card if i leave him after I-485 is approved ?

4. Can i use my EB3 EAD to join some other Client with a Permanent Job ?

5. How will USCIS come to know that my PD has become current under EB2 category , but i am expecting them to approve my EB3 I485 ?

[JoeF]

Are you on H1?

If yes, file a complaint with DOL on form WH4.

You can also file a complaint with your state labor office. In CA, this kind of stuff is a misdemeanor. I don't know about the labor laws in other states, though.

[Dattguru]

JoeF,

Yes i agree to what you say. But my doubt is since the pay checks are run at regular salary rate, doesn't he have a solid prof that he has been paying me my salary.

1. Will DOL go into the depths of this case to understand what has been printed on the paystub against actually given to me in the form of a cheque.

2. Will they set an AUDIT on this case ?

[JoeF]

JoeF,

Yes i agree to what you say. But my doubt is since the pay checks are run at regular salary rate, doesn't he have a solid prof that he has been paying me my salary.

The employer has to pay the salary listed on the pay stub "free and clear", i.e., for your free access without any restrictions, without any additional deductions, etc.

The law requires that you have full and free access to the amount listed on the pay stub.

[Belle]

Also, get a consultation with a labor lawyer (the laws are different by state). I bet this is afool of labor laws, and those are usually well enforced by the local courts.