complaint to DOL before H1b transfer


asha2020

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I am on h1b Visa. My company was not paying me for the hours mentioned on LCA.

I wrote emails with mention of Department of labour (Thanks guys!). Now my current employer is ready to give me corrected salary slips.

However they are paying me just for 32 hours/week. (LCA mentions 40 hours /week)

 

Salary slips are important to me not only for maintaining legal status but also for transferring H1b.

I understand if I do not have payslip I should be complaining to DOL however in this case USCIS might ask me to go back to India for stamping before I start with the new employer.I wish to avoid this.

 

1.Do you think my H1b transfer will be successful with these salary  slips?

2.Or do you think I still have to complain to DOL before filing H1b transfer?

 

Appreciate your help.

 

 

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I am on h1b Visa. My company was not paying me for the hours mentioned on LCA.

I wrote emails with mention of Department of labour (Thanks guys!). Now my current employer is ready to give me corrected salary slips.

However they are paying me just for 32 hours/week. (LCA mentions 40 hours /week)

 

Salary slips are important to me not only for maintaining legal status but also for transferring H1b.

I understand if I do not have payslip I should be complaining to DOL however in this case USCIS might ask me to go back to India for stamping before I start with the new employer.I wish to avoid this.

 

1.Do you think my H1b transfer will be successful with these salary  slips?

2.Or do you think I still have to complain to DOL before filing H1b transfer?

 

Appreciate your help.

Why are you scared going to home country for visa stamping? Don't you have intention to travel outside US at all?

 

You need to be paid whatever is mentioned in your LCA. Better is to complain against employer with DOL as he/she would stop thinking about doing it for any future employee. Also, DOL would get you the pending wages and help in smooth transfer to a new employer.

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Asha

 

But keep in mind, once you complain about you company they are definitely looking for the right movement to take the revenge. So look for a different consulting firm and move

 

N

Retaliation is forbidden, and would only result in more fines and blacklisting of the employer.

Filing a complaint with DOL on form WH4 is the right thing to do.

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It can all be said orally ...but in a consulting atmosphere...its humiliating and those idiots will really treat you bad and there is nothing you can do. Once you file the complaint, be ready to move out.

N

In business, anything said orally doesn't matter.

The atmosphere is obviously already bad if the employer doesn't pay.

And I would assume the employee is a professional, and acts professionally. This is not the situation where being emotional helps. If an employer calls the person on the phone, for example, the next best thing is to summarize the phone call in an email and ask the employer to correct any mistakes. That generates a papertrail.

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Hi Friends,

I found another US based good company which is transferring my visa this week in premium process. I am attaching WH4 form ,acknowledgement letter from DOL with my salary slips as they are not according to the LCA.

I will post updates.

Thanks.

Good to know that things are proceeding in positive direction. Good luck.

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  • 3 weeks later...

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