Need advice on my Pay situation

[himaj]

Hello

 

I got my H1 approved in Oct 2013. I was on H4 till then.

 

I was on bench till Feb 2014, as the client cancelled the project. But my employer didnt run the payroll till Jan 2014 . He ran it for Jan 2014 and Feb 2014 (infact he asked money from me to run these).

 

THen I got a project in March 2014 and from then I was never on bench.

 

He again didnt run the payroll in March 2014 and ran the payroll from April 2014 till Feb 2015. He skipped again in March 2015.

 

I went to India in Aug 2015 for a month and got my visa stamped .

 

He againt didnt run the payroll in Oct 2015.

 

So it has been a bad situation for me wr.t.to paychecks.

 

Now when I checked my LCA for 2014 and 2015 the min wage required is around $63000.

But my W2 totals for 2014 was 47840 and for 2015 so far is 33633.

 

After going thru various posts in this forum, I understand that employer has to run payroll irrespective of me being on bench or not and also the total pay should be a min of what is mentioned in W2.

 

Now, I had enough with my employer and want to take on action on him.

 

1 : What are the chances of me getting my rest of the amount from him?

2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?

3 : I am sure after all this he would revoke my H1. I am ready for that as I plan to go back to H4 due to some personal issues. But would this anyway impact my chances of getting future employment on H1 or H4-EAD permit?

 

Any help is higly appreciated.

[JoeF]

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

And find a better employer, one who follows the law.

[jairichi]

You need to complain against employer with DOL.

[rahul412]

You have only ONE option, file a complaint against that FRAUD employer. DOL will take care of the it. they will make sure that you get your back-wages, but it takes some time.

[rahul412]

And start looking for real employer now.

[himaj]

THanks for the replies..how about these Qs i Had

 

2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?

3 : I am sure after all this he would revoke my H1. I am ready for that as I plan to go back to H4 due to some personal issues. But would this anyway impact my chances of getting future employment on H1 or H4-EAD permit?

[rahul412]

2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?

3 : I am sure after all this he would revoke my H1. I am ready for that as I plan to go back to H4 due to some personal issues. But would this anyway impact my chances of getting future employment on H1 or H4-EAD permit?

No, he has pay you the promised salary.

It won't impact your future employment if you follow the law and file a complaint against that employer.

[JoeF]

The employer ALWAYS has to pay you. There are no exceptions.

Retaliation is not allowed, either.

Further, with a pending WH4 you can change employers.

[himaj]

Thanks All.

 

Do I need to have an attoreny for this or Can i do everything on my own?

[himaj]

The employer ALWAYS has to pay you. There are no exceptions.

Retaliation is not allowed, either.

Further, with a pending WH4 you can change employers.

 

The employer ALWAYS has to pay you. There are no exceptions.

Retaliation is not allowed, either.

Further, with a pending WH4 you can change employers.

When do I know if my WH4 is pending ? is it when DOL receives my complaint or would they have to accept it?

[JoeF]

When do I know if my WH4 is pending ? is it when DOL receives my complaint or would they have to accept it?

 

They send you a receipt.