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I'm on H1 since Oct. 2008, not got paid since then. the consultant couldnt get a project for me. Can i complain DOL? pls. ASAP

Sunnyvale, CA |
Filed under: Immigration

i'm on h1, the employer dint get me a project and is now asking me to go back. plsssssssss. helppp.
pls. tell me the process for the same.

this is the situation:
i joined in october, kept working with my professor, since i dint have a project. sent the time sheets to my consulting company for 2 months. dint get paid anything. he gave me a check (NOT PAYSTUB) saying, its for expenses in the form of salary. then in jan. the professor fired me. the remaining amount he gave me cash (NO PAYSTUB). then till now, no payment nothing. and now hes asking me to go back.

pls. suggest what i can do to stay in the country.


Attorney Answers 1


If you entered the US in H-1B status, or changed to H-1B status, in October, you should have been working and getting paid since then. If this has not happened, even through no fault of yours, you have been out of status since October 2008. The employer is legally obliged to pay you a certain salary and you can complain to DOL. However, you are on shaky ground since you are violating status. I recommend speaking with an immigration lawyer to assess your options.

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