Salary Evasion

[GreenerPastures?]

Hi there,

I went through the existing posts to see if there was any similar case like mine,but i couldn't find one.

Anyways here is the situation that i'm having with my ex-employer...

I worked as a consultant for almost 2years(~22 months) on OPT thru his company and when it was the time to file for H1B(Oct 2012) he filed my petition without any ruckus deducting the premium fees from my salary and at the same time i got an offer for a FT position from a client and they too filed for my H1B. Both the H1B petitions got approved and I opted to take the FT position and gave two week notice to my employer and the client that i was working for thru his company.

I was least expecting the kind of reaction that i got from my employer since he always maintained professional work ethics though being desi. He STOPPED my last pay check and when i called him he said he'll pay me in 3 months of time,so i waited till december to see him not responding to my e-mails or phone calls.

So, what are my options. I really would like to part with him on good terms but it really doesn't look that way with my ex-employer. I have seen some posts where employer stopped paying salary who are on H1B and the actions that an employee can take..

but since i was in OPT when i left his company am i also covered with the same safetynet of rules for a H1B holder..

Thanks in advance

[JoeF]

File a complaint with DOL on form WH4.

[wiweq]

Yes, in the case of H1b, WH4 is the best tool to protect your H1b rights. In case of OPT you can report a compain to your state's DOL. You can also contact your schools ombudsperson.

Don't let them steal your hard earned money!

[rahul412]

So, what are my options.

File a complaint against your previous employer.

[H1Wizard]

Same situation one of my friend had. First of all, you salary is your right and not any favor.

You need to consult an attorney and have him send an official letter stating this matter should be settled with mutual respect.

99% employers will not mess with this situation and would pay an amount. Only thing you need to ensure is that you should be on same page with the attorney as to what percentage will be his fees before proceeding. You dont want to give away 50% of your money to an attorney.

[JoeF]

Yes, in the case of H1b, WH4 is the best tool to protect your H1b rights. In case of OPT you can report a compain to your state's DOL. You can also contact your schools ombudsperson.

Don't let them steal your hard earned money!

The former employer deducted money from his paycheck for the H1 filing. That's an H1 violation, and a WH4 is the right way to report that.

[GreenerPastures?]

Thanks to Joe and Others for replying. Joe, i see that you suggest using WH4, but in the form no where i see OPT. It either says H1B or H1B1 or E3, so is it Ok for me to use that form??

Thanks

[JoeF]

Thanks to Joe and Others for replying. Joe, i see that you suggest using WH4, but in the form no where i see OPT. It either says H1B or H1B1 or E3, so is it Ok for me to use that form??

Thanks

Deducting money from your paycheck for an H1 filing is an H1 violation.

[wiweq]

"The former employer deducted money from his paycheck for the H1 filing. That's an H1 violation, and a WH4 is the right way to report that. "

That is surely an H1b violation, if you are having problem in filing WH4, you can directly call to DOL too. You may also need to report this to ICE.

Also call to local DOL about your missing salary.