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Working with a consulting company on hourly rate basis but not being paid on time

Charlotte, NC |

I am on H1B visa with an IT consulting firm,working on the client side on hourly basis but my employer is paying just the salary filed in LCA and rest is held by him and he is not ready to return the same in near future.I have a proof in form of statements which I receive monthly from employer stating the balance held with him.What action shall I take against him in order to get my money.Please advice

Attorney Answers 4


  1. Begin by consulting with an employment and or labor law attorney. This is not an immigration law question.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. Employer is obligated to pay you higher of Prevailing Wage (listed in LCA" or Actual Wage. Nothing more. Nothing less. Under H-1B regs, end-client is not your employer. H-1B petitioner is your employer and responsible for payment/employment incidents. To access your claim for back wages, please proceed through an attorney.


  3. H1b employer is required to pay prevailing wage or actual wage. Your question is not an immigration question but rather a question for an employment labor law atty.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


  4. A meeting with a state licensed labor attorney is the most necessary logical step to take.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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