H1B RFE for valid status

[hyd04171979]

I worked for a desi company called ********** LLC based in Shawnee KS. This company has shutdown the business without paying my salary for 3 and half  months. Usually my payslip and payperiod will have a gap of 30 days example August Month will be paid last week of September pay date.

My employer did not informed me whether he is firing or terminating or anything simply stopped paying. For Month of November 2014 and December 2014 according to the paydate I should get payments end of Dec 2014 and Jan 2015 but received nothing. For November 2014 paystub was generated and sent to me on jan 28th but  did not deposited the amount in bank. For December 2014 he encashed the cheques from client  but provided nothing.   By Jan mid I realised the situation and looked for different employer. My LCA was filed on Jan 28 and H1b Receipt date is Feb 20.

 

I have employer provided health insurance till end of February 2015.  I had worked for January 2015 at client place  and ready to give the timesheets if  cleared all my back wages but he did not cared to get the  timesheets.

 I got RFE on my h1b transfer with new employer on my status. Provided my paydate and payperiod having large gap of 2 months  how long will I be in out of status. I was with this company for 5 yrs. 

 

My first priority is for h1b transfer successful and getting the back wages later from employer.  I had gone through few posts there is wh4 form  but Kansas DOL expects a different  form of its own.  Do I need to complain to Federal DOL also ?   Please let me know

[jairichi]

You are out of status from the day you did not receive your salary. You need to complain with DOL using form WH4. This will help you to get your salary and move to a new employer without any issue.

[rahul412]

Yes you need to file a complaint against that employer.

[hyd04171979]

I had submitted Kansas dol for unclaim wages it is similar to wh4  but not wh4 form.  Is there any other division I need to submit wh4 ?

[JoeF]

The WH4 goes to the office of the federal DOL in the state where the employer is located.

See the instructions for the WH4.

[hyd04171979]

jairichi and rahul  thank you for the response.  As I told in my previous post I filed wageclaim with kansas dol that form is totally different from  wh4.  Now I am wondering is there any other department I should submit  wh4. url for that is http://www.dol.ks.gov/Files/PDF/keslr105.pdf%C2'>

[hyd04171979]

Can I make a plea to USCIS for  out of status ?   Last payment is received on  6th Jan so  it will be around 45 days  with no paycheck.  Will there be any success  in transfer

[rahul412]

I think that should be it.

[jairichi]

Can I make a plea to USCIS for  out of status ?   Last payment is received on  6th Jan so  it will be around 45 days  with no paycheck.  Will there be any success  in transfer

 A plea will not help. Since a complaint is filed that will be investigated. If found to be true you get your salary dues and transfer to new employer with I94.

[Sumvisa]

Did you transfer your h1b to the new employer ?

 

Thanks

 

[Sumvisa]

Can you send me your details in email ?? I'm in the same situation you are with ********** and need to talk with you. e-mail me at ****************@gmail.com

 

Thanks!!