Nicki Posted November 12, 2015 Report Share Posted November 12, 2015 My new employer is filing my Green Card and I need experience letter from previous employer. My previous employer ( desi consulting) is not willing to give the experience letter until I sign a letter stating that they do no owe any money to me. When I first joined this company, I was working in house which was unpaid and after 2 months I worked at the client site until I left the company. The yearly salary on the initial labor application was $60,000 per year, however the agreement between us was 80/20, so I was supposed to get $X/hr. My employer still ran the payroll on the basis of 60K per year and said they would clear the pending amount every few months. After much follow up, he cleared some amount when I was still with the company. But I still have a lot of pending money stuck with them, which they are not willing to release. Now when I approached them for the experience letter, they said they will only give it if I sign a waiver form stating that they do not owe me any money. I do not have anything in writing about the $X/hr agreement we had except for a spreadsheet they maintained to show how much they owe me. Also I do not know anyone in the company who would be willing to write an experience letter since I was mostly working at the client site. What are my options? I need the experience letter ASAP but do not want to give in to their extortion. Please advise! Link to comment
JoeF Posted November 12, 2015 Report Share Posted November 12, 2015 First, there is no percentage for H1s. The LCA specifies a salary, not some 80/20 BS. Second, on H1, you ALWAYS have to get paid. Third, why didn't you file a WH4 with DOL? That is possible for up to one year after the violation of the H1 rules. Link to comment
rahul412 Posted November 12, 2015 Report Share Posted November 12, 2015 This is what happens when you work for FRAUD consulting firm. That's why you need to have written agreement of your exact pay, not 80/20. You have two options 1. Contact an attorney 2. Forget about that money. Because that employer paid you according to the agreement. Link to comment
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