Employer is not paying as mentioned in H1B LCA

[waqasjaved02]

Hi,

I am currently working with current employer A on H1B since Oc1 01, 2012.I checked LCA approved document. My company showed more salary with effective Oct 01. But I am still getting that same salary. Difference is about 10K/yr from what I am getting paid and what is mentioned in LCA.

When I asked HR, and gently argued. Eventually they said, they will file amendment to correct it with old salary. What does it mean? new LCA only or new h1b petition.

Now, they confirmed they will pay me outstanding and are planning to file amendment to correct this with old salary. They have sent me updated compensation letter showing LCA's salary effective Oct 01, 2012. I still think they will pay me outstanding by eom. HR said, they will send another compensation letter effective April 15, 2013 showing old salary. I will continue with old salary.

Now, I have another another offer from company B. They want me to join from 04/29. They have initiate LCA and they will file h1b transfer (or you say new h1b) next week.

I need to give 2 weeks notice to my company A. So I can give it today and last day would be 04/26. Will comp A still pay me outstanding. Are they liable to pay me outstanding legally? If they don't what should I do?

Now in this situation another issue is that both Comp A and Comp B will filling h1b. Well, I haven't seen any documentation from Comp A so far for amendment or any document for me to sign. I am not sure if they have filled themselves or not.

Comp B is ready to file h1b transfer, they are waiting for LCA to approve. they will be doing it next week because i have to join new team on 04/29.

Can you guide me, what should be the smooth process and what should i tell my current comp A. to now file amendment?

[JoeF]

File a complaint with DOL on form WH4.

[0407]

Company A's amendment and company B's new petition being in parallel doesn't matter.

They are independent petitions. Your post is very confusing. All that I can tell is Employer

has obligation to pay you as much as he has promised to pay in LCA. If your offer letter

showed a higher number, I am not really sure how you would claim it. talk to labour

attorney

[genie]

Let the 2nd company file for your H1. It should not matter if or not your current employer is filing an amendment. Multiple H1 applications can be filed by multiple employers for the same candidate. What matters is that you work with only one employer. As regards to your balance payment, first get your 2nd job and 2nd H1 visa confirmed.

[mbapro]

The company should pay you the outstanding dues no matter what but knowing these companies can definitely play around and stop your outstanding. Get in writing from HR about outstanding dues with a date. Meanwhile let your H1 transfer begin. You should file a complaint with DOL for paying you lesser than the mentioned wage. However, I see that HR is determined to come on track by paying you outstanding dues. Nevertheless, crime has been committed. :)

[waqasjaved02]

The company should pay you the outstanding dues no matter what but knowing these companies can definitely play around and stop your outstanding. Get in writing from HR about outstanding dues with a date. Meanwhile let your H1 transfer begin. You should file a complaint with DOL for paying you lesser than the mentioned wage. However, I see that HR is determined to come on track by paying you outstanding dues. Nevertheless, crime has been committed. :)

Thanks

1. What DOL does on such complaints?

2. I have resigned today. In case HR doesn't pay me outstanding dues. What should be my step and what i can do legally.

[JoeF]

Thanks

1. What DOL does on such complaints?

They get the company to pay the salary...

2. I have resigned today. In case HR doesn't pay me outstanding dues. What should be my step and what i can do legally.

File a complaint on form WH4 with DOL.

[rahul412]

Thanks

1. What DOL does on such complaints?

2. I have resigned today. In case HR doesn't pay me outstanding dues. What should be my step and what i can do legally.

1. After filing a complaint DOL will investigate your case and will send a notice to employer to pay the outstanding dues.

2.Just file a complaint and wait for the update from them.

[catx]

1. What DOL does on such complaints?

2. I have resigned today. In case HR doesn't pay me outstanding dues. What should be my step and what i can do legally.

The Department of Labor (DoL) will investigate your employer based on the compliant you file on the WH4 form, and if found guilty of violating the provisions of the H-1B program, including paying less than stated on the Labor Conditions Application (LCA), then there will be a judgement that requires them to pay you the money they owe you.

File a complaint with [Department of Labor] (DoL) [in your state] on form WH4.

[waqasjaved02]

The Department of Labor (DoL) will investigate your employer based on the compliant you file on the WH4 form, and if found guilty of violating the provisions of the H-1B program, including paying less than stated on the Labor Conditions Application (LCA), then there will be a judgement that requires them to pay you the money they owe you.

Thanks to everyone.... It was really helpful..