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An indian consulting company A filed for my H1B visa. they contracted with a subvendor (B) and prime vendor (c) for my work with client (D). The arrangement was that the Client(D) paid the prime vendor(C) who paid the subvendor(B) who paid my employer (A). Of these parties involved the subvendor (B) turned out to be a not so ethical company. They would receive timely payments from the prime vendor (C) but hold back payments to my employer (A). Despite this my employer kept paying me in a timely manner. Few months ago I gave my notice. As soon as I did my employer (A) held back my last two paychecks. Until I gave my notice they were paying me on time despite not receiving payment from the subvendor (B), but now they are not paying up my last two paychecks. When I contact them they say they are sending legal notices to the subvendor(B) to release pending payments, and they will not pay me until they receive payments from the subvendor(B). What can I do to get my paychecks. Can my employer (A) do that. If they filed for my H1B arent they responsible for paying me irrespective of whether they receive payments from who they subcontracted with. Please help with what steps I should take. Thanks.
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Your employer is supposed to pay you irrespective of whether they got paid by the sub-vendor or not. It is their headache and not yours. Irrespective of how they do business with their vendors, they should pay you as per the approved LCA. If you, you can file a complaint with DOL and make them pay. If you do not receive payslips while you are in H1B status, you are considered out of status on H1B. So you better get this sorted. Check the below link.
Not a legal advice. Use of this information is strictly at your own risk.
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