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Hello,
I was on H1b with employer A in New-Jersey. I recently got a job in california and moved. my new employer B has applied for my H1b transfer.
while filing my taxes for 2018 i noticed that i have been payed $10000 less than what was mentioned in the LCA for my H1-b. I joined Employer A while i was in OPT and signed offer letter which mentioned $55000 per anum. but as soon as my H1b got approved my pay should have be increased to $65000 per anum since my LCA was filed stating my wage is $65000, but that change never happened. Since also the minimum wage for H1b is $65000 in New jersey i spoke with my employer A and they refused to change my pay. I have been on H1b with employer A from nov-2017 to Apr-2019.
I did not get my H1-b transfer approval with new Employer yet but i did get receipt that the H1b has been filed.
Can anybody guide me what are my options.
Here is my Plan currently, Please guide me if i am wrong or if there is a batter plan.
1) I am planning to file a complaint with Department of labor telling there was a violation with my H1b wage and the employer is refusing to correct it.
2) if my employer still refusing, will this fall under Fraud in Foreign Labor Contracting and will i be eligible for apply U-Visa under Fraud in Foreign Labor Contracting as qualifying criteria.
Please let me know what are your thoughts and comments about my situation.
Thank you
I was on H1b with employer A in New-Jersey. I recently got a job in california and moved. my new employer B has applied for my H1b transfer.
while filing my taxes for 2018 i noticed that i have been payed $10000 less than what was mentioned in the LCA for my H1-b. I joined Employer A while i was in OPT and signed offer letter which mentioned $55000 per anum. but as soon as my H1b got approved my pay should have be increased to $65000 per anum since my LCA was filed stating my wage is $65000, but that change never happened. Since also the minimum wage for H1b is $65000 in New jersey i spoke with my employer A and they refused to change my pay. I have been on H1b with employer A from nov-2017 to Apr-2019.
I did not get my H1-b transfer approval with new Employer yet but i did get receipt that the H1b has been filed.
Can anybody guide me what are my options.
Here is my Plan currently, Please guide me if i am wrong or if there is a batter plan.
1) I am planning to file a complaint with Department of labor telling there was a violation with my H1b wage and the employer is refusing to correct it.
2) if my employer still refusing, will this fall under Fraud in Foreign Labor Contracting and will i be eligible for apply U-Visa under Fraud in Foreign Labor Contracting as qualifying criteria.
Please let me know what are your thoughts and comments about my situation.
Thank you
