Employer not paying salary as per billing rate after resigning

[nichol.jessa]

Consulting company XYZ was holding my H1B. I was working at client place and I was getting 80% of billing rate and my employer was keeping 20%. Now I transferred my H1B to ABC comp. My employer has paid me salary as per LCA , but there is huge difference in LCA salary and my actual salary as per my billing rate. So this diff is around $15000 which my company is not ready to pay.

 

1) So there was a contract of 2 years with him which i broke and as per contract i pay him 12k  for the time he spent on training, relocation, but he did neither of these.

 

2) My company was third party for that client and there was another vendor in between. That vendor has not paid $15000 and my company is not paying me $15000. 

My employer says vendor did not pay him because I left without notice and also vendor is suing my employer for losses. My employer is asking me to pay 12k for breaching the contract.

 

 

Kindly advice what can I do? Can I report this in DOL?

[JoeF]

Billing rate is completely irrelevant for somebody on H1. The employer has to pay you as per the LCA.

Whatever else you agreed on with the employer is between you and the employer.

What a vendor pays or doesn't pay is irrelevant for you. You have a contract with the employer, not a vendor.

And an employer can not ask for a penalty for leaving a job early, per the H1 rules. An employer can ask for liquidated damages, for recruitment, training, etc., but that can't be a fixed amount, since with you working there they recoup some of their investment in you. And of course, if they didn't do training, they can't ask for liquidated damages for training.

I suggest you see a good immigration lawyer and labor lawyer.

[livliv]

You can complain to DOL, but difficult to say how they will respond.

 

You can also consult with a lawyer experienced in both labor and immigration law and see if litigation will help.

[rahul412]

That's why consulting is ****. Contact an attorney and look for real employer's not a shady consulting firm.