rajm6344 Posted September 7, 2015 Report Posted September 7, 2015 Dear Sir, I am working with one employer with H1 visa. Since i got the project for partial hours for 3 months my employer run the payroll for that hours only. Eg: as per my wages declared in LCA he has to run payroll ( every 15 days) for $2000. But he run only $500 for 3 months (means 6 pay stubs). is that a problem while year end or taxfiling because of less taxes paid? Could you please explain me the consequences of it?
jairichi Posted September 7, 2015 Report Posted September 7, 2015 You are out of status as you were not paid according to LCA. You need to file a complaint against employer with DOL. This will get all your salary. Find a good employer.
JoeF Posted September 7, 2015 Report Posted September 7, 2015 If you don't get paid according to the LCA, you are out of status. Of course that will result in problems, lots of problems. If the employer doesn't want to pay you according to the law, file a complaint with DOL on form WH4. And find a better employer.
rahul412 Posted September 7, 2015 Report Posted September 7, 2015 Getting paid less than what promised mentioned in your LCA means that employer violated H1 rules. You need to get paid what was promised in your LCA, if not file a complaint against that employer and start looking for new employer.
pingpong Posted September 8, 2015 Report Posted September 8, 2015 http://www.dol.gov/whd/workers.htm Check the above link. Iran into similar situation but complained to DOL and got a letter from them saying that thy accepted my case. Transferred to a new employer and attached a copy of documents along with the DOL ack and my case got approved.
rajm6344 Posted September 10, 2015 Author Report Posted September 10, 2015 Thanks for ur clarification. Sorry, it was happened few months back. now my intention is not to complaint about him. I want to know the issues that i will face in future? After that 3 months i got full pay for next 2 months (of course he didn't pay my arrears for initial 3 months) and changed to new employer. My question : Since i paid less taxes, will it be a problem at the year end or while applying tax filing? or will it impact while my GC process? Pls clarify me...
jairichi Posted September 10, 2015 Report Posted September 10, 2015 It will be an issue when filing for GC.
rahul412 Posted September 10, 2015 Report Posted September 10, 2015 Thanks for ur clarification. Sorry, it was happened few months back. now my intention is not to complaint about him. I want to know the issues that i will face in future? Then pack your bags and leave US. Why not a complaint?? Why are you scared of that fraud employer?? You were out of status then means you violated H1 rules and this will bite you one day very badly if you don't act now.
JoeF Posted September 10, 2015 Report Posted September 10, 2015 Thanks for ur clarification. Sorry, it was happened few months back. now my intention is not to complaint about him. I want to know the issues that i will face in future? After that 3 months i got full pay for next 2 months (of course he didn't pay my arrears for initial 3 months) and changed to new employer. My question : Since i paid less taxes, will it be a problem at the year end or while applying tax filing? or will it impact while my GC process? Pls clarify me... It will be a problem for extending the H1 and for a GC. File a complaint with DOL, and find another employer! That's your only way out of the situation!
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