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Can a employer delay pay roll and get away without paying?

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  • Can a employer delay pay roll and get away without paying?

    I am on H1B visa, my employer is ZZZ. I have been with this company since 2008, my employer started delaying processing pay roll since Feb 2014 and should pay me for the period May and June. In July this company was purchased by YYY and asked every employee of YYYY to sign offer letters to process pay roll. YYY processed pay rolls for the period 1-15 July 2014 on July 31st (May and June months pay is still pending). I got a better opportunity from ZZZ and am planning to transfer my H1. I told HR of YYY that I have initiated my transfer and asked them about my pending pay, HR OF YYY RESPONDED STATING THAT THEY WILL PAY THE PENDING AMOUNT ONLY IF I STAY WITH THEM (YYY). I want to transfer my H1 as the opportunity is really good.

    Here are my questions
    1. If I transfer my H1, should I forget my two months pay?
    2. What should I do to get my pay back?
    3. Now who is responsible to pay me May and June Pay? (ZZZ or YYY)
    4. My H1 is valid only till 30th Aug 2014. Considering this what should be my next move?

    I appreciate your time in reading this and any response from you will help to get my hard earned money.

    Thanks alot

  • #2
    Originally posted by vempatichandu View Post
    I am on H1B visa, my employer is ZZZ. I have been with this company since 2008, my employer started delaying processing pay roll since Feb 2014 and should pay me for the period May and June. In July this company was purchased by YYY and asked every employee of YYYY to sign offer letters to process pay roll. YYY processed pay rolls for the period 1-15 July 2014 on July 31st (May and June months pay is still pending). I got a better opportunity from ZZZ and am planning to transfer my H1. I told HR of YYY that I have initiated my transfer and asked them about my pending pay, HR OF YYY RESPONDED STATING THAT THEY WILL PAY THE PENDING AMOUNT ONLY IF I STAY WITH THEM (YYY). I want to transfer my H1 as the opportunity is really good.

    Here are my questions
    1. If I transfer my H1, should I forget my two months pay?
    2. What should I do to get my pay back?
    3. Now who is responsible to pay me May and June Pay? (ZZZ or YYY)
    4. My H1 is valid only till 30th Aug 2014. Considering this what should be my next move?

    I appreciate your time in reading this and any response from you will help to get my hard earned money.

    Thanks alot
    1. I would say yes, not unless a Govt official from DOL or USCIS gives you a written guarantee that they can get you your money back.
    2. Complain to DOL.
    3. Technically speaking YYY but depends upon the take over clauses between YYYY and YYY
    4. Assuming your 6 Years of physical stay in US are completing on 30 Aug 2014, and your GC has not been initiated yet, advisable to find an employer (ZZZ ??) who can file your GC ASAP. Even if they do file before Aug 2014, I don't see a basis for you to continue to work and stay in US beyond Aug 2014.

    This is my opinion not legal advice.

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