Salary NOT paid for 1 month - waiting for more than 7 months

[vesadi]

I would like to take your advice on my wife’s case.

She was working for a consulting company ABC until March 2012. They have not paid her March-2012 salary so far. They are holding the salary because they are waiting for the middle vendor DEF who did NOT pay one week of their invoice. Employer ABC is saying he will only pay after he gets the money from middle vendor.

ABC has generated the paystub in April-2012 itself but they sent the payroll check to us in Dec - 2012. Now the check became invalid as it is over 6 months. Employer is not responding to phones\emails.

What can we do?

If we report to the US Labor department, do they do any status check on my wife’s stay? She is out of status for couple of months in 2008 as she could not find a job & stayed on H1B.

Appreciate your response.

[JoeF]

File a complaint with DOL.

[pontevecchio]

Please be aware of the limitations of a forum. If you want input from the Murthy firm, please contact them directly.

[t75]

Whenever you violate US immigration rules, they can come back to affect you in the future. That is why you should follow the rules to the letter so you won;t have to worry down the road.

[bellissima]

You should file a complaint with the Dept of Labor. As t75 said, whenever you violate the immigration laws over here it will come out sooner or later. For example when you are filing your i485, it is more than likely that the status violation may pop up. Try to avoid these shady consultancy companies. She should have rather converted to H4 instead of staying on H1B.