H1B Dummy / Shadow Payroll

[H1b_helpzz]

Hi,

Currently my wife is on H1B since 2012. She was getting regularly paid every month. Unfortunately since last 5 months she is on bench. Her employer told her to pay for dummy payroll i.e. Tax withheld, Social security and medicare and also some monthly charges for generation of payroll.
When we protested, he verbally threatened to revoke her I-797 petition. We could not protest further as he is holding her 797 petition document with himself. He has not handed over either original or a photocopy of 797 to us. Because of the danger of getting 797 revoked, we paid the amount he demanded for last 3 months, to a personal account of his colleague.

We have email communication to prove that he is refusing to share 797 copy and asking us to pay for payroll generation.

Could you experts please let me know what options we have and also the consequences on getting a transfer of H1B to a new employer.

Regards,
Hakeem

[raghvi]

Hi,

Currently my wife is on H1B since 2012. She was getting regularly paid every month. Unfortunately since last 5 months she is on bench. Her employer told her to pay for dummy payroll i.e. Tax withheld, Social security and medicare and also some monthly charges for generation of payroll.
When we protested, he verbally threatened to revoke her I-797 petition. We could not protest further as he is holding her 797 petition document with himself. He has not handed over either original or a photocopy of 797 to us. Because of the danger of getting 797 revoked, we paid the amount he demanded for last 3 months, to a personal account of his colleague.

We have email communication to prove that he is refusing to share 797 copy and asking us to pay for payroll generation.

Could you experts please let me know what options we have and also the consequences on getting a transfer of H1B to a new employer.

Regards,
Hakeem

Complain to the Department of Labor: http://www.dol.gov/ofccp/regs/compli...f/pdfstart.htm

This is my opinion not legal advice.

[H1b_helpzz]

Thanks

Complain to the Department of Labor: http://www.dol.gov/ofccp/regs/compli...f/pdfstart.htm

This is my opinion not legal advice.

Hi Raghvi,

Thanks for the reply.
Could you please let me know what could be general repercussions if we complain to DOL.? Will my wife be accused as well.? Can her employer terminate her 797 petition, when he receives notice from DOL.?

Thanks.
Hakeem

[ravi_niu]

H1B Dummy / Shadow Payroll

She can be protected under a law for whistleblowers.

It would have been more prudent to act before paying any money.

Still reporting is the best act. Also while complaining describe all the act stressing that you had to act as per the employer cause he was threatening. You have proof of the email.

So you have been victimized. Write everything in detail in the complaint accusing both the employer and his friend.

Also take advice from a lawyer.

In my opinion you should be protected.

[charuh1b]

Hello. I came to US in Feb 2015 on H1B. I was not on project from Feb 2015 to July 2015.My employer did not run my payroll for that period. I requested him repeatedly to run the payroll but he did not. I paid him money in Nov 2015 to run back run the payroll for the period of feb to july and he did not and returned the money. My w2 shows less wage than the LCA. Will i be in trouble in future while my green card processing?
Since on project he is paying me 60-40 % basis. I requested repeatedly to change the percentage but he refused. I am so fed up with the employer that i want to complain to DOL about the payroll and also about the less pay rate.
Will there be any complications if i complain to DOL on this?
Please help.
Thank you.