Urgent request: WH4 against my ex-employer

[Dev8803]

Hi all,

Four week back I left my Desi employer. I worked for them for 4 months on H1b. Initially I was pleased with them as they never asked for H1b filing fees (unlike other Desi employers). On offer letter there was no notice period was required before leaving. After 4 months, I got better opportunity and got my H1b transfer done. I resigned after 4 months with 1 week notice. Now they are not paying me my 1 month salary. It’s been 5 weeks and I kept sending them email requesting to pay my salary. They are threatening me to file a law suit against me as I had 30 days’ notice period contract with them (all BS). I never signed any contract with them mentioning this period.

I am regular visitor of this Murthy forum and I am going to file WH4 against them. I have all the documents like offer letter, H1b approval, paystubs, time sheets, time sheets' approval etc. My question is:

1. During my Green Card process ‘Employer Verification Letter’ (EVL) will be required from my all of employers. If this employer will deny giving this letter that time, what should I do? Experienced people, please share your experience.

2. Even though I think I did everything legal, and have all required paper work, emails to file WH4 with DOL; is there anything which can back fire me? I know that by doing WH4 I am going to ruin my relations with the employer, and DOL will take harsh actions on them. Will it create any problem in my future immigration matters?

3. How much time it generally takes to get back the salary. My employer is located in CA.

Please take it as urgent request; this will also help to other people in similar situation.

Thanks

[Dev8803]

I am still waiting for any reply. Experienced, experts please share experience/ suggest.

Thanks,

Dev

[Jyothis]

I would advise you to get a lawyer and have them review all the documents you have, and issue a legal notice in a certified mail giving a deadline to pay up.

If you have the proof of work, I cant see a reason why they can deny you the experience letter.

[Dev8803]

Thanks YankeeDoodle for reply, I'll do the same.

Even though you have proof of work, some desi employers don't issue EVL. Once you left them, they don't take any interest in you as long as it’s not legally required.