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Got H1B but never worked, what can I do about my employer?

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  • Got H1B but never worked, what can I do about my employer?

    I got H1B last year, but was never put on payroll. My employer kept saying that they don't have money to pay me, and promising at the same time that it will get better soon. I couldn't even change job without payroll records. My H1B lawyer mentioned that usually people cannot hold them responsible, because they can actually fire me anytime, but if they didn't it's another story, and they are responsible to pay me even if I didn't work. I feel there is more to it, but don't have more information. Anybody knows if it's a good choice to sue them in this situation? What would be likely the result?

    p.s. I feel as time goes that the owner just wanted me to hang there to back him up whenever he needed in confrontation of his children (family issue, complicated). That's probably the reason why he didn't fire me. Being out of status is not an issue for me now. Just want to get an idea what I can do. Thank you very much.

  • #2
    I got H1B last year, but was never put on payroll. My employer kept saying that they don't have money to pay me, and promising at the same time that it will get better soon. I couldn't even change job without payroll records. My H1B lawyer mentioned that usually people cannot hold them responsible, because they can actually fire me anytime, but if they didn't it's another story, and they are responsible to pay me even if I didn't work. I feel there is more to it, but don't have more information. Anybody knows if it's a good choice to sue them in this situation? What would be likely the result?

    p.s. I feel as time goes that the owner just wanted me to hang there to back him up whenever he needed in confrontation of his children (family issue, complicated). That's probably the reason why he didn't fire me. Being out of status is not an issue for me now. Just want to get an idea what I can do. Thank you very much.[/QUOTE]

    ---- Complain to the DOL. No body is preventing you from doing that. Be quick and provide evidence by means of emails that your employer has not paid you

    Subramanya

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