DOL investigation and impact on I-485 of ex-employees

[WCG_MRT]

My ex-employer for whom I worked for about 5.5 years was under DOL investigation. In fact, a few years back when I was still with him, I was contacted and had a phone interview with a DOL investigator. Fast forward to today, I have changed employers and have now been with the new employer for almost a year now. Yesterday I received a certified letter from the DOL regarding the result of the investigation of my ex-employer. In it, they raised a number of violations that my ex-employer has been found guilty of. He has been assessed civil penalties, ordered to make back payments to some of the employees and barred from applying for any H1bs for 1 year. My question is, how would this affect me? I am with a new employer for 1 whole year now, EAD/AP/I-140 approved (new employer) and my I-485 (new employer) is pending. My H1-B expires at the end of this month. I am planning to work on EAD and not renewing my H1B.

[Belle]

Does the letter specificly tells what the impact is on you? If not, would not you think they would tell you, since they are sending the letter anyway?

[WCG_MRT]

The letter does not explicitly mention any impact to me. There are 6 violations, and in the remedy section for each violation, it mentions the steps that either the company will have to take to redress the complaints or the action that the DOL will take against them. My concern is that since my H1 with my new employer expires at the end of the month and I am not planning on renewing it (Will use EAD), I might be exposing myself to danger. There were some violations that the company committed that related to the LCAs, so my paranoid mind is conjuring up images of scenarios where the USCIS may decide to come after the employees whose LCAs were affected. I don't know if mine was, but I am assuming the worst. Just wanted to know if such a scenario was possible. I scoured the letter for the word 'Wilfull' i.e wilfull misrepresentation, which to me signifies fraud, but that word was not used, so maybe I am over thinking this. It's possible that I got the letter since I did have an interview with the DOL and maybe that is why I am considered an 'Interested Party'.

[Belle]

Get a consultation with a good lawyer. This does not seem like a problem to me, though.

[jeevan2012]

I have a similar question as OP.

I am planning to complain against my ex-employer,he owes me two months of salary,I left him one month after GC (<180 days after applying for I-485) because he was not paying me on time, exactly when I needed the most as my wife was very close to her delivery due date,wanted to check if it has any impact on current employees whose I-485s are pending with my EX-Employer?what would be the impact on my own approved green card if I complain against DOL.

[Belle]

I have a similar question as OP.

I am planning to complain against my ex-employer,he owes me two months of salary,I left him one month after GC (<180 days after applying for I-485) because he was not paying me on time, exactly when I needed the most as my wife was very close to her delivery due date,wanted to check if it has any impact on current employees whose I-485s are pending with my EX-Employer?what would be the impact on my own approved green card if I complain against DOL.

I don't think you should complain to the DOL (not sure if you can - you are no longer on H1). I would research the local laws and see if you can sue your employer for the non-payment of the wages in the small claims court. If you were to complain to the DOL, you may put the complaint together and send it to your employer first, and tell them if they don't pay you, you will send it.