Not paid on H1 for Initial 1.5 months


datawarrior

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Hi 

 

I have came to US on H1- B in October 2014 , I have been working with this employer for last 3 months, But for initial 1.5 months he has not paid me any Salary since he was not having any project at that time. In his records he is showing my joining  date after 1.5 months, Now when I have told him that he is risking me out of status he is saying its not an issue. 

 

Could anyone suggest what are my options now, can I continue like this or could take any action ?

 

 

 

 

thanks

Anonymous

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Not paying on H1b is illegal and puts you out of status.

Report against your employer using WH4 form on your state's DOL site. WH4 is made to save H1b rights.

They HAVE to pay you as long as you are their employee, no matters if they have project for you or not.

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The sooner you complain, better for you. By not getting pain you are already out of status. By complaining it will prove that you are aware of your H1b rights and you care it. Not complaining means you are partner in crime.

I would suggest file WH4 today. You will be surprised to see how their tone will change. 

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thanks everyone for the valuable information, I appreciate that.

 

My question do I need to apply for transfer first and then complain against the employer once H1-B transfer is done or what would be the sequence of my next steps ?

 

You need to file the complaint first.

A transfer would get an RFE at least, or an outright denial, due to being out of status. With a pending complaint, a transfer is no problem.

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  • 2 months later...

I have Transferred my Visa and got new Job But still serving notice period, My current employer is saying its insufficient and he has filed  a Lawsuit against me in court citing huge Liquidation damages. He has not paid me initially for 1.5 months. Now he is showing in his documents my hiring date after 1.5 months. He is saying if I take back resignation he would drop the lawsuit otherwise I have to pay a Huge amount. I have discussed with an attorney, The attorney is saying since he has kept me in Hotel and paid expenses of Hotel. He could use that as argument but my point was his documents are not even acknowledging that I was his employee during that time period. While his agreement includes that time period. He has made me sign two agreement first one contains reference to Liquidated damages clause and second one does not have anything. he used 2nd agreement to get the Visa. My attorney is saying I have chance that Judge would give it in favour but he could not  guarantee, Judge might  not even admit to 2nd agreement it would depend up to him. Can I still complain to department of Labour for unpaid wages and benefits which hes not paid and he is not even acknowledging it that I was his employee. I have email proofs which states otherwise.

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I have Transferred my Visa and got new Job But still serving notice period, My current employer is saying its insufficient and he has filed  a Lawsuit against me in court citing huge Liquidation damages. He has not paid me initially for 1.5 months. Now he is showing in his documents my hiring date after 1.5 months. He is saying if I take back resignation he would drop the lawsuit otherwise I have to pay a Huge amount. I have discussed with an attorney, The attorney is saying since he has kept me in Hotel and paid expenses of Hotel. He could use that as argument but my point was his documents are not even acknowledging that I was his employee during that time period. While his agreement includes that time period. He has made me sign two agreement first one contains reference to Liquidated damages clause and second one does not have anything. he used 2nd agreement to get the Visa. My attorney is saying I have chance that Judge would give it in favour but he could not  guarantee, Judge might  not even admit to 2nd agreement it would depend up to him. Can I still complain to department of Labour for unpaid wages and benefits which hes not paid and he is not even acknowledging it that I was his employee. I have email proofs which states otherwise.

Yes, go ahead with filing a complaint with DOL with all documents that supports your case.

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No I do not have I-9 and no email from him which says I have to be present there.

I have mail communications which are saying that I am reaching united states, I have prove which says I am giving interview for him, I have proof which say he has tried  placed me somewhere in october and asked me to travel there, I had flight details which I have to board to go there. But some how it did not happened.......

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No I do not have I-9 and no email from him which says I have to be present there.

I have mail communications which are saying that I am reaching united states, I have prove which says I am giving interview for him, I have proof which say he has tried  placed me somewhere in october and asked me to travel there, I had flight details which I have to board to go there. But some how it did not happened.......

 

That's good enough as proof that you made yourself available for work.

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