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View Full Version : H1b employer took big amount of salary after leaving him


Misha79
01-25-2013, 05:41 PM
I was on H1b with employer A at client site B with 1 yr non-compete agreement.
After 2 yrs, Client B offered me Full time position and also same time i recieved my GC (privately ,not through A or B). I decided to accept FT with B and emailed employer A everything.

I dint receive any salary but payroll was run and i was surprised. After asking clarification ,

I was told,

Because my H1B visa with him (employer A) was not expired yet and i quit him voluntarily, he has right to retain visa fees, employer fees.

These things were not explained to me while starting job but were in agreement 'ofcourse'
Is there anything i can do ?

I got GC NOT FROM EMPLOYER And my H1B visa expires by default the day i get GC. He had not explained that thing in agreement ..

Desertfox
01-25-2013, 07:16 PM
If you think you have been shortchanged unfairly, file a complaint with the department of labor. Here is the link with all information: U.S. Department of Labor - We Can Help | How to File a Complaint (http://www.dol.gov/wecanhelp/howtofilecomplaint.htm)

whiteStallion
01-25-2013, 07:43 PM
Just tell your ex-employer that you are going to complain to DOL, they should be ready at that point to negotiate the dollar amount.
If you complain to DOL, DOL will provide you your salary and investigate the incident with your employer and fine them. They can also blacklist your employer for 1 or more years from filing H1B petitions. Generally no employers(particularly bodyshops) run the risk of going against DOL. So they pay up instantly.

waitingnwaiting
01-25-2013, 08:05 PM
Just tell your ex-employer that you are going to complain to DOL, they should be ready at that point to negotiate the dollar amount.
If you complain to DOL, DOL will provide you your salary and investigate the incident with your employer and fine them. They can also blacklist your employer for 1 or more years from filing H1B petitions. Generally no employers(particularly bodyshops) run the risk of going against DOL. So they pay up instantly.

Why are you giving advice not to complain and only issue a fake threat? At least you did a good thing to inform that there is DOL. There are posters who scare others into complaining.

I hate when people behave as cowards and advice others to become one. Nobody has the courage to speak up and fight for their rights. This is why there is fraud, exploitation and no bill till now.