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Is there any risk in my career while i complain about my H1B employer

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  • Is there any risk in my career while i complain about my H1B employer

    I came to US through a consultant based on a very renowned name it has in other industry. But for last 2 months, i was not paid with the salary what they offered me and no pay checks also. Instead they provided a good accommodation and give some few dollars for the expenses. I come to know once i landed US that they do not have any customers directly and trying to do body shopping only. They put me on a mock up interview call which i do not aware and finally they offered me the pay saying i am through with the interview when i was in my native place. I wanted to write about this to US immigration. But i scared about my career what will happen if they take immediate action on my employer until i get placed in some project or switch to other employer. Advise me. Also, let me know to which email id i have to write my complaints about my employer.
    Thanks in advance.

  • #2
    On H1, the employer must pay you all the time. They signed the LCA agreeing that they will at least pay you the amount shown. Not paying is illegal. And, you are out of status when you do not get paid. This may likely create problems in your H1 transfer, Change of Status, GC process etc. You must get paid all the time. Whether the employer has a project or not is not your problem.

    Complain to Department of Labor (DOL) on form WH4 (google it). They will make them pay. This is not a USCIS issue but is a DOL issue.

    You need pay stubs (and I mean real pay stubs) to transfer your H1 to other employer. As far as your career, it's already in a mess since you are out of status.
    Last edited by DMX17; 04-07-2008, 08:51 PM.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Here is the link to the DOL employer complaint form: https://www.immihelp.com/h1b-visa-em...int-procedure/

      Fill up the form, print it and mail to :
      U.S. Department of Labor
      Frances Perkins Building
      200 Constitution Avenue, NW
      Washington, DC 20210

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      • #4
        Originally posted by DrPepper
        Here is the link to the DOL employer complaint form: [url]
        Fill up the form, print it and mail to :
        U.S. Department of Labor
        Frances Perkins Building
        200 Constitution Avenue, NW
        Washington, DC 20210
        While the form is correct, you need to mail it to the local DOL WH4 division that your area falls under. You can look up the address on DOL Wage and Hour division and find out.

        Sending a CC to the DC address is recommended.

        There is a risk of employer retaliating by firing you which is also illegal. If that does happen after your complaint, that is another grounds for a complaint.

        However, you are already out of status and trying to transfer to another employer is not possible by residing here in the US now. You could try other avenues like a CP with a new employer (not subject to cap), return on existing visa stamp after approval.
        Last edited by txh1b; 04-08-2008, 09:08 AM.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Pls share the name of your employer

          Hi Friend,
          Why dont you share the name of your employer with us so that if anyone else is dealing with them can be aware of it and be more careful in dealing with them.
          Thanks,
          nits.

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          • #6
            Originally posted by nits_jain
            Hi Friend,
            Why dont you share the name of your employer with us so that if anyone else is dealing with them can be aware of it and be more careful in dealing with them.
            Thanks,
            nits.
            Simple. Any employer that collects money for H1b is shady and I tag them "High risk employers"

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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