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  • H1B Employer not paying me

    Hi
    I was working for my employer for the last 2 years on a H1B visa. I quit in Aug 2008. However he has still not paid me my final dues. My H1 transfer has been approved and i have already started working for my new employer. I have sent numerous emails but with no results. Its been more than 3 months now. I am thinking of complaining to the Department of Labor but before that would like to get the following clarified before i proceed.

    1. What will the DOL do to recover my dues. How will they help me ?
    2. Can my old company harm me in anyway ? I have given them advance notice before i left as per the contract ?
    3. Whats the time frame before which they have to pay me ?
    4. The company is registered in CA and my project was in TX. So should i approach CA Department of labor or the one in TX ?
    Would appreciate any kind of inputs.

    Thanks in advance

  • #2
    Please complain to the DOL of CA since the consultant is based out of CA.

    Nothing will happen. You should get your dues.
    We got to stand up for our rights. These blood suckers are really killing people. We have to fight now.

    Please keep the emails that you have sent them to show as a proof.
    Keep you last pay stub ready to show as a proof.

    Please go ahead and file a complaint with DOL. They will act.

    Comment


    • #3
      Originally posted by freemail
      Please complain to the DOL of CA since the consultant is based out of CA.
      It should be DOL Wage and Hour Division, not the state DOL. Use WH4 form.

      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


      • #4
        Thanks a ton for the replies...I would also like to hear from some one who has complained to the DOL earlier..and if possible their experience.

        Comment


        • #5
          I have and the experience was positive. They kicked some a$$. Just fill out WH4 form, look where it needs to be sent from dol website in your state. Each state has a W & H enforcement division. Send proof of violations, emails, H1b payment checks if any. They take care of the rest including collecting the money from the employer and sending it using FEDEX

          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


          • #6
            thanks TXH1B for your response...would it be wise if i threaten them that i am going to DOL before i actually do ? would it give them the time to think about their defence ? or should i just go ahead and file a complaint with DOL ?

            Regards

            Comment


            • #7
              Hello,

              Why do you want to warn them ? You have sent emails / reminders to them but they have not responded. This means they do not care for you and do not bother to pay you. You should also respond them by doing what is legal and let them face the law. These people think that they are great and can do whatever they feel like doing.

              DO NOT worry. Please go ahead and complain to the DOL per TxH1B.

              Thanks.

              Comment


              • #8
                Originally posted by oracle27272 View Post
                Hi
                I was working for my employer for the last 2 years on a H1B visa. I quit in Aug 2008. However he has still not paid me my final dues. My H1 transfer has been approved and i have already started working for my new employer. I have sent numerous emails but with no results. Its been more than 3 months now. I am thinking of complaining to the Department of Labor but before that would like to get the following clarified before i proceed.

                1. What will the DOL do to recover my dues. How will they help me ?
                2. Can my old company harm me in anyway ? I have given them advance notice before i left as per the contract ?
                3. Whats the time frame before which they have to pay me ?
                4. The company is registered in CA and my project was in TX. So should i approach CA Department of labor or the one in TX ?
                Would appreciate any kind of inputs.

                Thanks in advance
                Hello,
                How did you tackle this? Please let me know.

                Comment

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