Late salary payment: DOL or Sue the Employer

[unpaidemployee]

Hello
I am yet to receive my salary for September and October, 2012. I am contemplating whether to sue my employer or not. (Some blogs suggested writing to DOL. Is that another option?) Any help will be appreciated. I am attaching additional details below:

- My H1B was expiring in Nov 2012. My employer helped file for an extension, under the premium category, in September 2012. USCIS approved the petition and I went to India for stamping but the Embassy rejected my visa stamp after 2 1/2 months. I came back to US in Feb 2013 on my husband's H4.
- I have been with this employer for 6 years now. But he has started behaving erratically since 2012. He is transferring his contracts to another firm and is almost impossible to reach.
- This is not the first time this is happening. I went through something similar last year when when I took some time off and was not paid for the months leading up to my vacation.
- I may or may not refile for an H1B. If I do, I already have a couple of other vendors lined up. I wasn't sure if this is material to the discussion but decided to go for more rather than less.

Thank you kindly for your advice.
Best regards

[kabkaba]

Consult a lawyer who deals in Immigration and Labor law matters.

Complaining to DOL is an option for you and it will not cost you anything. But DOL has limited powers to mandating your employer to pay. (They can order your employer to pay and make things difficult for them, but they don't have the full powers like a court).

Suing will cost you attorney fees, but if the court's decision is favorable, the employer will have to pay you.