Employer threatening to report to USCIS


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My contract with the client ended in the month of March 2014 and did get paid for all the hours. I have spent time at the client location, did some valuable work for the client until the last minute of the day that my contract ended and also remember entering the hours into the timesheet management system.


In the month of May 2014, I got a different opportunity, i.e., started working for a different client through a different employer. I handed my resignation letter to my previous employer in the Month of June and they accepted it without any questions. I checked my H1B status even today and they have not yet revoke it.


a. After I handed my resignation, in the month of June 2014, I came to know that the payment for the last week of March 2014 was not processed by that preferred vendor. My previous employer started asking me to pay back that amount. They are threatening to report me to USCIS about it if I do not comply. Can they file for liquidated damages even though they are not based in California or Texas? What rights do I have to defend myself, in case they do file a complaint?


b. The preferred vendor keeps saying that they cannot process the last weeks payment as my contract has ended and the hours are not there in the system. I'm completely sure they are doing all this on purpose. What rights do I have to handle them? I'm sure the client has approved all my hours. I tried to contact the manager who worked on the clients payroll to get first hand information, but came to know he has moved to a different department. Should I even be worried about all the payment processing or my hours approval? What are the legal/labor/standard guidelines on matters like this?


c. I did not receive any pay after the Month of April, i.e., for the Months of May 2014 or June 2014. I have no intentions to confront my previous employer about this. But at the same time I do not want to have any remarks on my record. What should be my course of action to safe guard my  H1B employment history?



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On H1 you need to get paid every month and that's LAW. It's not your responsibility to get the money from the vendor, you didn't had any agreement with vendor regarding the pay. You are completely safe here.


Moreover you can file a case against that FRAUD employer for threatening you.

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