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Hello
I got my H1 approved in Oct 2013. I was on H4 till then.
I was on bench till Feb 2014, as the client cancelled the project. But my employer didnt run the payroll till Jan 2014 . He ran it for Jan 2014 and Feb 2014 (infact he asked money from me to run these).
THen I got a project in March 2014 and from then I was never on bench.
He again didnt run the payroll in March 2014 and ran the payroll from April 2014 till Feb 2015. He skipped again in March 2015.
I went to India in Aug 2015 for a month and got my visa stamped .
He againt didnt run the payroll in Oct 2015.
So it has been a bad situation for me wr.t.to paychecks.
Now when I checked my LCA for 2014 and 2015 the min wage required is around $63000.
But my W2 totals for 2014 was 47840 and for 2015 42033.
I worked till March 2016 and took maternity leave from then. In 2016, I have patstubs till pay period of mArch 2016 which is run in April 2016.
My I94 ended in Feb 2016 and my H1 extension was filed in Jan 2016 and that is still under process.
Now I have decided to change my status to H4 and applied for COS in June 2016 and the application got accepted on June 15th and received the WAC number.
After going thru various posts in this forum, I understand that employer has to run payroll irrespective of me being on bench or not and also the total pay should be a min of what is mentioned in W2.
Now, I had enough with my employer and want to take on action on him.
1 : What are the chances of me getting the paystubs that he didn't run and also the rest of amount he is supposed to run to match LCA?
2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?
3 : if I complain to DOL now, will I go out of status because of my situation with paystubs and W2?
Any help is higly appreciated.
I got my H1 approved in Oct 2013. I was on H4 till then.
I was on bench till Feb 2014, as the client cancelled the project. But my employer didnt run the payroll till Jan 2014 . He ran it for Jan 2014 and Feb 2014 (infact he asked money from me to run these).
THen I got a project in March 2014 and from then I was never on bench.
He again didnt run the payroll in March 2014 and ran the payroll from April 2014 till Feb 2015. He skipped again in March 2015.
I went to India in Aug 2015 for a month and got my visa stamped .
He againt didnt run the payroll in Oct 2015.
So it has been a bad situation for me wr.t.to paychecks.
Now when I checked my LCA for 2014 and 2015 the min wage required is around $63000.
But my W2 totals for 2014 was 47840 and for 2015 42033.
I worked till March 2016 and took maternity leave from then. In 2016, I have patstubs till pay period of mArch 2016 which is run in April 2016.
My I94 ended in Feb 2016 and my H1 extension was filed in Jan 2016 and that is still under process.
Now I have decided to change my status to H4 and applied for COS in June 2016 and the application got accepted on June 15th and received the WAC number.
After going thru various posts in this forum, I understand that employer has to run payroll irrespective of me being on bench or not and also the total pay should be a min of what is mentioned in W2.
Now, I had enough with my employer and want to take on action on him.
1 : What are the chances of me getting the paystubs that he didn't run and also the rest of amount he is supposed to run to match LCA?
2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?
3 : if I complain to DOL now, will I go out of status because of my situation with paystubs and W2?
Any help is higly appreciated.
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