Regarding H1b salary

[New_H1]

Hi,

I have entered in USA on my L1 visa. Later I filed my H1B visa and quit a job where I was working on L1 visa. I started working on H1B visa last year. My consultant did not give me one month (i.e. the last working month) salary when I quit the job. I have a question here - can I sue the consultant for taking my month's salary when I have submitted all my time sheets for the same month? I have worked the whole month without taking any leave. Is there any problem if I will do legal action on my consultant?

Please do help!!

I really appreciate your valuable answers to my query.

Thanks!!

[JoeF]

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

[Attorney_10]

Generally there is no enforcement of a required wage for L-1 status. However, the Department of Labor does enforce required wages for H1B holders. If your H1B employer failed to pay you the required wage it may be possible (depending on when the violation occurred) to file a complaint with the Department of Labor Wage and Hour Division. Information on how to file this complaint may be found on their website. If it was the L-1 employer that failed to abide by the terms of the employment it is recommended you schedule a consultation with an employment law attorney to determine what, if any, recourse may be available under state law.