Employer Owes me 3 month salary, left the job filed H1 trasferred to another company but still not paying

[nbdcool]

Hello,

 

I left my employer in July 2014, he owes me my salary for the month of April, may, June 2014 . I called him and everytime he tells me that he is going through financial problems and need one more month.

 

I am an immigrant with H1B visa, I got a new job and have transferred my H1B to the new employer. But still my H1B is not approved (its in process), so if I file a case against my old employer will this affect my H1B filing process.

 

The company where I used to work gave me the checks for those 3 months, but told not to deposit it, so i am holding on with the 3 months check with me as if I deposit it will bounce and then that owner I know will not pay me.

 

I don't know but that company has no more work and might be they will close after a month if they don't find an investor. So if they closes like that will I get my money from them or no.

 

This is the only savings I have right now,but they are holding it and not giving me. I will really appreciate if someone can guide me what should I do in this case.

 

Thank you, have a nice day.

[jairichi]

File a complaint with DOL. This will not affect your H1B transfer to new employer.

[itsmeusa]

File complaint with DOL. Your employer will pay you with smile on his face...

[omshiv]

I wont be surprised its a desi employer...and we all know from where.

 

Anways..how did the new employer manage to transfer your H1 without paystubs.

 

Only option for you is to complain to the DOL.

[JoeF]

Giving out checks that they know will bounce is check fraud.

File a complaint with DOL on form WH4.

[rahul412]

File a complaint against that employer, you have no other option. It won't effect your H1 processing, in fact it helps you.

But why there is a gap of 3 months pay?? Usually it should be one month.

[jairichi]

I wont be surprised its a desi employer...and we all know from where.

 

Anways..how did the new employer manage to transfer your H1 without paystubs.

 

Only option for you is to complain to the DOL.

Transfer is not yet approved.

[omshiv]

Transfer is not yet approved.

 

Oh yes...its still in process. I'm sure a RFE is in the cards.

[nbdcool]

Thank you guys for your suggestions, actually the company is struggling financially and told us to hold few months as they were hoping to get some investor or else leave. And as I was not able to find any job who were ready to transfer my H1B, I was left no other option other then holding with them.

 

My employer is telling me to hold one more month and he will pay, but who knows tomorrow if he doesn't get any investor and if he closes the company then I am not sure whether DOL will take my case or not, and I will get my money or not.

 

Once I complain in DOL, do I get my money even if they file for Bankruptcy or not?

 

Omshiv, I got the paystubs from him, but he told me not to deposit the checks. My transfer is still in process.

[JoeF]

Salary is a high priority in bankruptcy cases.

They could possibly also go for the owner's private assets to satisfy company obligations (this is known as 'piercing the corporate veil".)

[nbdcool]

Hello everyone,

 

He is telling me to pay after a month, what do you guys suggest should I wait one month and then complain or should i go ahead right now, as after a month its possible, if he wont get money he will close.

 

Do I get all the money if he files bankruptcy or certain amount only ?

 

Thank you for your suggestions everyone, I really appreciate you guys helping me in this situation.

[JoeF]

File a complaint right now.

You may not get anything in a bankruptcy. It depends on how much money the company has left.