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I am on h1b and have recently changed my employer.My earlier employer has not paid me in full.I had a 80-20 arrangement

Plainfield, NJ |

I am on h1b and have recently changed my employer.My earlier employer has not paid me in full.I had a 80-20 arrangement with them.I have emails from my employer that they will be paying me 80 percent of the rate and not just what is mentioned on the offer letter / agreement.My question is what action i can take against them to get my arrears. Are emails valuable in court or with department of labor?

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Attorney answers 4


Your employer should be happy to refund your money. If you have a record of your paychecks, you can prove that you did not get the full rate. The penalties are high for employers who defraud you and the U.S. government. Give your employer a copy of your records and ask nicely for them to pay your back pay. If they do not, contact the department of labor and show the DOL your records.

Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.



Thanks for your response.Gives me some hope.But as is said they haven't paid me in full.As the rate fluctuates from project to project.This time they paid me with an older hourly rate from previous project.For the new project the rate was higher.Yes I do have some pay stubs from last few projects.I am just worried how the labor department will view this.Is it true that in New Jersey h1b sponsor employers only have to pay the prevailing wage to be in compliance with the law ?


If your employer is not paying you the required wage, serve them with a demand letter. If they still do not comply, file a complaint with the Labor Department.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.



Thanks for your response.They had delayed my payments once in 2011 for a few months, which forced me to accept ref feral fees for referring a friend for a job.To avoid being out of status I left the country and came back with a new i 94.Will all that be viewed against me?


This post may be many things, but it is definitely not an immigration question.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


In New Jersey, claims with the DOL are approximately 6 to 12 months behind in processing. Depending on the amount, you may want to file a claim in the special civil or even law department. Regardless, contact an experienced labor and employment attorney.

Herbert Tan, Esq.

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My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.