Employer cheating on payment due

[shreek918]

Hi,
This is Shreek and i am in a critical issue.

I worked from Mar 2010 to Sep 2011 on OPT and from Sep 2011 to Mar '02' 2012 on H-1 with an Employer.

He is the only employer i worked from Mar 2010 to Mar 2012.

My employer will run payroll on 15th of everymonth and the pay period used to be for the entire previous month. Right from begining of my payroll my employer was holding a two and a half month of actual payment. When asked about the delay he used to convince me saying he has to get money from Prime VNDOR.

From Mar 08 2012 i moved to a different employer where i received a fulltime position.

I have informed my employer, client and Prime vendor about this shift in advance of 2 weeks as per the agreement and everything went smoothly.

Now after moving to my new employer, i still have my two and half months due from my OLD employer which he is not paying.

I tried all possible ways to communicated him : phone calls, voice messages and emails but he did not respond. Atlast i got hold of him where he says that i have payed you everything as per the LCA.

But the way he agreed and payed me all these days is on percentage basis and not on LCA(fixed pay) basis.

How can i take a legal action on this issue and would i be able to get justice on this.

Its around $20,000 of amount he is cheating me . It is my 1 year savings.

Please advise.

Thanks in Advance.

[txh1b]

Show proof of you getting paid at higher rate than LCA for all previous pay periods and complain to DoL.

http://www.immihelp.com/visas/h1b/em...procedure.html

[shreek918]

Thanx 'TxH1b' for your helpful reply. would get back to you if i need any thing else.