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  • My January payroll stopped

    Hi,

    I am in H1 with desi company and resigned this company last month, working for 5weeks notice now due to client request.

    Still I have one more week to work.

    My desi employer is not running my January pay stub, and telling he don't have money because of client is not paid last month billing itself.

    My H1 is transferred to new employer.

    Am I in trouble now?

    Please suggest me, what to do about my salary?

    Regards,
    Kirthi.

  • #2
    Your employer is suppose to pay you irrespective of whether the client pays them or not. H1B is a fulltime employment. If you don't have payslips while you are in H1B, then you will be considered out of status on H1B. Tell your employer that you will file a complaint with DOL. If they still don't pay, then file a complaint with DOL and keep a copy of the complaint for your records. That way, if there are questions during your visa interview or future GC process, you can state that you actually worked, but the employer never paid. Produce a copy of the complaint which will prevent you from going out of status on H1B.
    https://www.immihelp.com/h1b-visa-em...int-procedure/
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Your employer is suppose to pay you irrespective of whether the client pays them or not. H1B is a fulltime employment. If you don't have payslips while you are in H1B, then you will be considered out of status on H1B. Tell your employer that you will file a complaint with DOL. If they still don't pay, then file a complaint with DOL and keep a copy of the complaint for your records. That way, if there are questions during your visa interview or future GC process, you can state that you actually worked, but the employer never paid. Produce a copy of the complaint which will prevent you from going out of status on H1B.
      https://www.immihelp.com/h1b-visa-em...int-procedure/


      Hi my employer threatening me like he will file lawsuit on me because of leaving the project.

      What to do?

      Do I need to hire a attorney for this(wages and threaten calls)?

      Please suggest me.

      Comment


      • #4
        what were the terms of your contract? as long as you are serving the notice period and other terms of conditions of your employment, your employer cannot do anything legally.

        Comment


        • #5
          If you ahve signed a contract with the employer, then it is advisable to get the help of an experienced immigration attorney. If you haven't signed anything, then they cannot do anything. As I have mentioned earlier, complaint to DOL and make them pay for the duration that you have worked.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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