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Should I file WH4 complaint to DOL for unpaid wages?

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  • Should I file WH4 complaint to DOL for unpaid wages?

    Hi, I'm working with a company here in US since February 2012. I joined the company in February 2012 and since the very first month, they haven't been paying me the salary as promised. According to the documents submitted to DOL, they have to pay me $2800 per bi weekly, which they haven't yet. I am however in the payrolls now, but the paystubs don't match the promised salary.

    I sensed this might be a problem so hunted for another job the very next month and have a new job offer who are actually filing my H1 transfer. I have also mentioned them that my paystubs reflect a lower pay than what is mentioned on the DOL forms. The attorney say it is okay, but I'm not sure if there will be any problems if the paystubs show lower pay than the promised salary.

    My question is - should I wait for the H1 transfer and hope that the visa will be approved? Will there be any problems if the paystubs show lower payout?
    Or should I file a WH4 complaint before the H1 transfer? If so, how much time can I stay back in the US while the new H1 transfer is being filed? Just in case my current employer retaliate and fire me.

    Thank you very much.

  • #2
    You should complain to DOL and make the employer pay. If not now, this can cause issues later. The W2 that you will receive from this employer by the end of this year will show less income compares what was approved in your LCA and that will cause issues later with future immigration process or when you attend the visa interview at the consulate. If you file a complaint with DOL, then a copy of that complaint will help you in these scenarios. If questioned by the VO at the visa interview or if there is an RFE later, you can show the copy of the complaint and say that you have taken the correct measures of informing this to DOL, which will make you safe even though your salary is less than the LCA.


    https://www.immihelp.com/h1-visa-hol...ponsibilities/
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin,

      I don't want to stay here for an year. As I said, my H1 transfer is being processed right now with the other company and I have given the paystubs Feb - March - April (all of which show lower pay).

      Questions is - will there be any problems with the transfer application ? Will they cite the lower pay as a reason for disapproval? I have all the other documents proper and in place.

      If the new H1 transfer is approved, I dont intend to file a complaint. Is that a right decision?


      Originally posted by shervin143 View Post
      You should complain to DOL and make the employer pay. If not now, this can cause issues later. The W2 that you will receive from this employer by the end of this year will show less income compares what was approved in your LCA and that will cause issues later with future immigration process or when you attend the visa interview at the consulate. If you file a complaint with DOL, then a copy of that complaint will help you in these scenarios. If questioned by the VO at the visa interview or if there is an RFE later, you can show the copy of the complaint and say that you have taken the correct measures of informing this to DOL, which will make you safe even though your salary is less than the LCA.


      https://www.immihelp.com/h1-visa-hol...ponsibilities/

      Comment


      • #4
        I don't want to stay here for an year. As I said, my H1 transfer is being processed right now with the other company and I have given the paystubs Feb - March - April (all of which show lower pay).
        >>> It doesn't matter whether you work for the employer for a year or a single day. The employer by law is required to hand over a W2 to you for workingf or them during that year. It is your responsibility to get that W2 from them and file it to IRS. Whatever pay that shows in the W2 should match the approved LCA for that employer. This should happen even if yu worked for that employer for just couple of days under their payroll.

        Questions is - will there be any problems with the transfer application ? Will they cite the lower pay as a reason for disapproval? I have all the other documents proper and in place.
        >>> It can. USCIS can very well question why your pay is less than what they have approved. They can either reject the transfer or approve the petition for consular process (without a new I-94).

        If the new H1 transfer is approved, I dont intend to file a complaint. Is that a right decision?
        >>> It is not. Read my previous answers one more time.

        Originally posted by mkk View Post
        Thanks Shervin,

        I don't want to stay here for an year. As I said, my H1 transfer is being processed right now with the other company and I have given the paystubs Feb - March - April (all of which show lower pay).

        Questions is - will there be any problems with the transfer application ? Will they cite the lower pay as a reason for disapproval? I have all the other documents proper and in place.

        If the new H1 transfer is approved, I dont intend to file a complaint. Is that a right decision?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin.

          So I should be filing the WH4 anyways. Since the new employer has filed my H1 transfer, I shall wait for the response and if they approve, I shall file a WH4 so that the company pays the rest.

          The company now mentioned that they can pay the balance in stock options - Is this acceptable?

          Originally posted by shervin143 View Post
          I don't want to stay here for an year. As I said, my H1 transfer is being processed right now with the other company and I have given the paystubs Feb - March - April (all of which show lower pay).
          >>> It doesn't matter whether you work for the employer for a year or a single day. The employer by law is required to hand over a W2 to you for workingf or them during that year. It is your responsibility to get that W2 from them and file it to IRS. Whatever pay that shows in the W2 should match the approved LCA for that employer. This should happen even if yu worked for that employer for just couple of days under their payroll.

          Questions is - will there be any problems with the transfer application ? Will they cite the lower pay as a reason for disapproval? I have all the other documents proper and in place.
          >>> It can. USCIS can very well question why your pay is less than what they have approved. They can either reject the transfer or approve the petition for consular process (without a new I-94).

          If the new H1 transfer is approved, I dont intend to file a complaint. Is that a right decision?
          >>> It is not. Read my previous answers one more time.

          Comment


          • #6
            No.

            Originally posted by mkk View Post
            The company now mentioned that they can pay the balance in stock options - Is this acceptable?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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