Need help, Can a employer get away without paying?

[vempatichandu]

I am on H1B visa, my employer is XXX. I have been with this company since 2008, my employer started delaying processing pay roll since Feb 2014 and should pay me for the period May and June. In July this company was purchased by YYY and asked every employee of XXX to sign offer letters to process pay roll. YYY processed pay rolls for the period 1-15 July 2014 on July 31st (May and June months pay is still pending). I got a better opportunity from ZZZ and am planning to transfer my H1. I told HR of YYY that I have initiated my transfer and asked them about my pending pay, HR OF YYY RESPONDED STATING THAT THEY WILL PAY THE PENDING AMOUNT ONLY IF I STAY WITH THEM (YYY). I want to transfer my H1 as the opportunity is really good.

Here are my questions
1. If I transfer my H1, should I forget my two months pay? 
2. What should I do to get my pay back?
3. Now who is responsible to pay me May and June Pay? (XXX or YYY)
4. My H1 is valid only till 30th Aug 2014. Considering this what should be my next move?

I appreciate your time in reading this and any response from you will help to get my hard earned money.

Thanks alot

[pontevecchio]

DOL and form WH4. A consult with a Labor Lawyer in your state. Both will help in getting you your salary dues.

[rahul412]

I am on H1B visa, my employer is XXX. I have been with this company since 2008, my employer started delaying processing pay roll since Feb 2014 and should pay me for the period May and June. In July this company was purchased by YYY and asked every employee of XXX to sign offer letters to process pay roll. YYY processed pay rolls for the period 1-15 July 2014 on July 31st (May and June months pay is still pending). I got a better opportunity from ZZZ and am planning to transfer my H1. I told HR of YYY that I have initiated my transfer and asked them about my pending pay, HR OF YYY RESPONDED STATING THAT THEY WILL PAY THE PENDING AMOUNT ONLY IF I STAY WITH THEM (YYY). I want to transfer my H1 as the opportunity is really good.

Here are my questions

1. If I transfer my H1, should I forget my two months pay? 

2. What should I do to get my pay back?

3. Now who is responsible to pay me May and June Pay? (XXX or YYY)

4. My H1 is valid only till 30th Aug 2014. Considering this what should be my next move?

I appreciate your time in reading this and any response from you will help to get my hard earned money.

Thanks alot

Just file a complaint against that FRAUD employer and get your H1 transfer done. Moreover without latest paystubs your H1 will be rejected.

[JoeF]

File a complaint with DOL on form WH4. The DOL will make the employer pay you.