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

Asked 6 months ago - 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. Jagbir Singh Terkiana

    Contributor Level 14

    4

    Lawyers agree

    Answered . 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.

  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Robert Louis Brown

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . 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... more

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