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My ex-employer not paying me my pending salary

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  • kabkaba
    Complain to DOL on form WH4.

    Leave a comment:

  • Thatguy
    started a topic My ex-employer not paying me my pending salary

    My ex-employer not paying me my pending salary

    I am usa working on H1b visa. I recently changed my employer. I was working earlier with employer 'XYZ' on H1b visa. It has been 8 months now since my exit.

    XYZ filed for my H1b here in USA. As per the norms, they said that they will be deducting the Premium Processing fees (1225$) from my salary in parts each month. I was ok with this as I didnt suspect any foul play. After couple of months, they still continued deducting the amount from my salary. During this time, they had provided me with a new offer letter with less salary.

    After some 7-8 months, they again sent me new offer letter, this time they changed my salary to original. Then they again started deducting some money from salary for what they called it as money to run my payroll in between projects.

    It was only after my exit, that when I checked all the paystubs, I came to know that they have deducted around 5000+$ dollars from my salary over the months in the name of Premium Processing. I know that they cannot legally charge me for H1 b fees, but it looks like they did.

    I have been following up with them to get my money back, but they have stopped responding to me. It has been 8 months now. I am planning to file a complaint with DOL against XYZ? Do I have any other option? Will it affect me in any way in future? Is there a chance that I can get my money back?

    Also my concern is, since they had provided me with an offer letter (with less salary) and I signed it, can I still file a complaint against them?