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WH-4 Urgent Help Required

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  • WH-4 Urgent Help Required

    I Joined this company A in May 2008, I was not awarded any projects till October(for which I was not paid any bench salary), and then I went on an project for four months till end of Jan 09 for which I was paid but not provided with the pay stub. And now since Feb 09 I am on bench(no bench salary again.

    Now my employer A is asking me to give a letter stating that I would be going to India on personal grounds and then go to India.

    I am planing to file an WH-4 on my employer as I am out of status right now.

    If I file for WH-4 now how many days will I get to stay in here, and how long will the WH-4 process takes.

    In mean time if I leave back to India what will be responsibilities towards the WH-4 and my employer.

    Will I get my money. and can I file for another H1B in later years..

    Please help me!!!

  • #2
    File a WH4 and you can return or try for a transfer. Time taken is dependent on your employer's location and state and how busy the Wage and Hour Division of DOL is at that location. You can provide the officer your foreign address and they will send you the payment there once it is recovered. DO NOT give your employer any forced LOA letter. Accumulate all proof of emails, time sheets etc and send it along with the complaint.

    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.