H1B: Employer not paying salary in settlement after resigning

Asked 12 months ago - Jersey City, NJ

Consulting company XYZ was holding my H1B. I was working at client place and I was getting 80% of billing rate and my employer was keeping 20%. Now I transferred my H1B to ABC comp. My employer has paid me salary as per LCA in settlement, but there is huge difference in LCA salary and my actual salary as per my billing rate and I did lot of overtime. So this diff is around $15000 which my company is not ready to pay even though I served two weeks notice period and not breached any contract.

My company was third party for that client and there was another vendor in between. That vendor has not paid $5000 and my company is not paying me $5000.

I am going through lot of stress becz of this. Kindly advice what can I do? Can I report this in DOL or sue them for stress and exploitation?

Attorney answers (3)

  1. Harry Asatrian

    Contributor Level 15

    Answered . Hire an attorney to represent you in recovering any money owed to you.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . Consult with a labor law attorney at once regarding the merits of compelling your employer to reimburse you on the earned funds on merits.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Michael E. Piston

    Contributor Level 12

    Answered . Yes you can and should file a complaint with the DOL. The DOL cannot act on complaints based upon events which ended more than a year before the complaint was filed.

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