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complain of my employer against my Green Card and and salary.

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  • complain of my employer against my Green Card and and salary.

    hello Guys,

    Can anyone help me to complain of my employer against my Green Card and and salary.

    I join my company 2.5 yr ago.initially they didn't payed about 4 month salary because I was on branch that time, but i was working little on their company's website.
    they committed verbally said they'll file Green Card after 6 month but last 2 yr. i am waiting for green card a start a GC process but they didn't started yet, just dragging.


    Can i complain to DOL about this issue to get salary and Clam Green Card delaying fee?

    I have only written email from my employer to said they will file my GC.

    ~Ram

  • #2
    Green card is for future employment and it is the employer's decision to decide whether to file a GC for an individual or not based on the future projects/plans of the company. You cannot force your employer to file the GC for you. In short, you cannot file a complaint to DOL or USCIS just because your employer is not filing you the green card application.

    You should have filed a complaint against your employer for not paying you as per the LCA immediately. Filing the complaint should have happened with 12 months of not paying you. It is too late now. You cannot wait for 2 long years and then decide to file a complaint now for what has happened 2 year ago just because you do not have good terms with your employer now. If your pay is not as per the LCA within the last 12 months or if your employer did not pay you within the last 12 months, then you can very well file a complaint with DOL.



    You always have the option to file a new employer who can file an H1B transfer and start the GC process immediately.
    Not a legal advice. Use of this information is strictly at your own risk.

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