H1B Payroll Issue (Percentage Amount withholded)

[Damodar01]

Previously during my OPT, my employer was paying me 75% of the rate decided with the vendor. He paid me the base salary of 70k and 

whenever he received the payment from the vendor he paid me the rest. Then recently after I got h1b, from the month of September he 

stopped paying me the extra amount of 75% and paid just 70k base salary. Later from October he started paying me 60K. Reason given by him was they need to hold 3 months pay in case the project is over in order to run the H1b payroll. 

He is currently holding an amount of 14k as per the settlement amount excel sheet he sends me after every payroll. In the documentation which he asked me to sign 1 week before h1b filing of April 1st and the LCA, he mentioned the salary of 50k, when asked he said this was just to save taxes. Inspite of talking to all the HR, President etc everyone says don't worry you will get your pending amount soon, but day by day it is stacking up and I don't know what to do. Payroll says they have not yet received the amount from the vendor after the 3 months withholded pay. I have just an excel sheet sent from company payroll as the proof of amount withhold. According to the LCA (50k) he is paying me just fine.

 

So my questions are: 

 

1) Does the Amount withholded in the Settlement amount sheet sent from my employer payroll email suffice to complain to the labor dept even though LCA has the salary of 50K which my employer is currently paying me ?

 

2) Can I leave me employer same day after the payroll without any industrial standard 2 weeks notice and expect him to pay the last month payroll as per LCA ?

 

3) Can I leave my without any notice saying on vacation and expect him to pay me whatever amount he is holding over time ?

 

 

Thanks

Damodar

 

[JoeF]

There is NO percentage on H1.

On H1, you need to get paid at least the salary listed on the LCA. You have a copy of the LCA, right?

And you need to get paid regularly, no less than monthly.

But again, there is no percentage on H1.

[Damodar01]

Thanks for answering the first question. Can you please answer my remaining 2 questions as below:

 

1) Can I leave me employer same day after the payroll without any industrial standard 2 weeks notice and expect him to pay the last month payroll as per LCA ?

 

2) Can I leave my without any notice saying on vacation and expect him to pay me whatever amount he is holding over time ?

 

Any help is greatly appreciated.

 

Thanks,

Damodar

[JoeF]

Employment in the US is at will. There is no "industry standard 2 weeks". That's just a courtesy, but not required by any law.

[JoeF]

And you can quit at any time, and the employer then would have to pay you whatever salary is outstanding.