WH4 Complaint against employer- should i proceed or not?

[swathi12345]

I filed a complaint against employer, submitted a wh4 form for charging me for my H1B and not paying my for two months.

 

Will my position be at stake. I honestly was unaware of paying for h1b at the time of filing and immediately filed complaint.

 

Should I proceed with phone interview with DOL and complain against employer. 

 

I am really worried about going to courts and fighting this out. Also, I cannot afford to pay and hire someone.

 

Any immigration lawyers who are willing to work with me and fight this out?

 

Thanks

[h1bslavery]

Based on my personal experience with DOL and WH4 complaint they really work hard to get you the justice....No need to worry about, everything will be taken care by DOL Investigator and if needed DOL attorneys. once your complaint is accepted you will get an interview call from DOL investigor ...During the interview call DOL investigator will ask you all the questions and again they will prepare a complaint based on their format and ask you to sign the doc and send them back...keep the copy of the complaint with you. once the complaint document is received DOL director of that office will review and send you the determination letter. you can use the DOL complaint letter to change your h1. In that case you do not need any pay stubs for changing the employer. USCIS Will accept your DOL Complaint and determination letter for changing the employer. No need of hiring any attorney...they will take care of it...get ready with all your documentation...emails conversations /phone calls list and etc to support your complaint.

 

 

[omshiv]

to OP.  We all support you in your decision to file a complaint againt that shady and fraud employer. You do not need to worry about anything as coolguy77 explained it well. Go ahead and lets throw all these fake consulting companies out.

[swathi12345]

Thanks cool guy for your immediate response.

There are two things I complained regarding employer-

 

1) charging me for h1b

 

and also

 

2) not paying me for (did not give me pay checks)

 

Will DOL be against me for (1)saying you should not have paid in the first place?

 

Cool guy, you sound like you have some prior experience talking to DOL. Can you please let me know if that is going to work out in my case? 

 

I am really worried to go to courts etc. 

 

What are the after effects ? I spoke to the DOL investigator and she told me that I will have to go to court in some worst case scenarios. Would that be something to do? I am nervous!! 

[wiweq]

coolguy77, thanks for sharing this useful information !!

[swathi12345]

Cool guy, I am already with another employer so no issues about my h1b. It is approved also.

 

My only issue is whether to proceed with the complaint to DOL or withdraw since I should not have paid for my h1b in the first place..  Court and witness etc. in front of employer is something I am a bit worried abt. 

[swathi12345]

Cool guy, based on my research :- 

 

"""http://www.*********************

 

2. Can it be a problem for me if I file a complaint against Company B to the relevant authorities like DOL etc. (Like I can be held accountable as an abettor/accessory to this activity)?
>>> Not knowing the H1B regulation is not an excuse. You can also be held accountable for paying money to get the H1B processed which is illegal as per H1B regulation. """

[rahul412]

Do it, just do it. It won't effect your immigration status.

[t75]

Your employer is in far greater trouble than you.

[swathi12345]

 My question is:- Will I be at risk??? I know for sure that my employer will! :)

[omshiv]

My question is:- Will I be at risk??? I know for sure that my employer will! :)

Everybody here told you that there's no risk for you. What else are you expecting?

[rahul412]

 My question is:- Will I be at risk??? I know for sure that my employer will! :)

No, you are good to go.

[h1bslavery]

Swathi...nothing to worry about...they will make you to get what you need to get it and make your ex-employer straight. let the DOL know about the issues you faced with your ex-employer...they will also look into all the employees who were not paid and was charged for H1. Be prepared well with all the documentation and other information. you don't need to go to court, i don't think that any employer wanted to play games with DOL because they will do audit by notifying your ex-employer, if your ex-employer decides to face the DOL Judge means he will be fined heavily...so before getting into the court he will compromise with you and pay you all the amount which he owe you. if DOL Finds you that you are wrong means they will not take up the case and close your complaint.

[rahul412]

 My question is:- Will I be at risk??? I know for sure that my employer will! :)

Here is something which gives you some confidence

 

http://forum.murthy.com/index.php?/topic/14698-dol-whd-complaint-filed/

[tejas4]

 

I filed a complaint against employer, submitted a wh4 form for charging me for my H1B and not paying my for two months.

 

Will my position be at stake. I honestly was unaware of paying for h1b at the time of filing and immediately filed complaint.

 

Should I proceed with phone interview with DOL and complain against employer. 

 

I am really worried about going to courts and fighting this out. Also, I cannot afford to pay and hire someone.

 

Any immigration lawyers who are willing to work with me and fight this out?

 

Thanks

 

Swathi - what happened to the case finally ?