H1-B Back Wages Payment

[bolbacchan]

Hi Experts,

Here is my case detail.

1. I was on H1 from 2008 to 2010 with my employer. During 2008 financial slow down our client decided to end the project and I was on bench for 2 months and one week from Jan 2009 to March 2009.

2. I got paid full salary during this time and I did work on assignment given by my employer but he said that it is a non billable work and recorded it as project/training on my pay check.

3. During this time I found a project by myself cleared the interview and accepted a job at client side on C2C basis from March 2009 to May 2010.

4. After a month client asked us to work more than 40 hours a week and I worked more than 40 hours for almost 6-7 months between 2009 and 2010.

5. My employer did not pay me for any extra hours upfront. When I asked him he said he will pay at the end of the year.

6. At the end of the year he paid me only for 450 extra hours out of around 920 extra hours.

7. I have been sending him emails after emails asking that he owes money for rest of the hours and he is replying saying he will check and it will be taken care in next pay check.

8. Finally after 2 years he called me one day and said that he is going to cut 360 hours as part of my bench period and he owe me only 20 hours to pay.

9.On paper he shows me as a salried employee but he is not giving me any paid vacation as promised. Also to other employees he is paying overtime upfront as and when they bill.

10. I found that as per the FLSA standard I am an exempt employee but then he still need to pay me for what ever i have billed as per the contract. He has defined project transition period in the contract but legaly that doesnt stand valid.

11. Recently i got my GC approved so now he is not willing to pay me anything as I am a leaving income for him.

Appreciate any help!

Thanks,

Bacchan

[JoeF]

You can't do much about that anymore.

You can file a WH4 only up to one year after the H1 violation

[pontevecchio]

Presumably it is too late to initiate anything. You can talk to a LABOR Lawyer to consider your options. At least you got your GC.