Query on Payroll while on h1

[hima87]

Hello

I got my H1 approved in Oct 2013. I was on H4 till then.

I was on bench till Feb 2014, as the client cancelled the project. But my employer didnt run the payroll till Jan 2014 . He ran it for Jan 2014 and Feb 2014 (infact he asked money from me to run these).

THen I got a project in March 2014 and from then I was never on bench.

He again didnt run the payroll in March 2014 and ran the payroll from April 2014 till Feb 2015. He skipped again in March 2015.

I went to India in Aug 2015 for a month and got my visa stamped .

He againt didnt run the payroll in Oct 2015.

So it has been a bad situation for me wr.t.to paychecks.

Now when I checked my LCA for 2014 and 2015 the min wage required is around $63000.
But my W2 totals for 2014 was 47840 and for 2015 so far is 33633.

After going thru various posts in this forum, I understand that employer has to run payroll irrespective of me being on bench or not and also the total pay should be a min of what is mentioned in W2.

Now, I had enough with my employer and want to take on action on him.

1 : What are the chances of me getting my rest of the amount from him?
2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?
3 : I am sure after all this he would revoke my H1. I am ready for that as I plan to go back to H4 due to some personal issues. But would this anyway impact my chances of getting future employment on H1 or H4-EAD permit?

Any help is higly appreciated.

[shervin143]

1 : What are the chances of me getting my rest of the amount from him?
>>> File a complaint with DOL and they will make him pay you. A copy of the complaint will also help you in case VO questions about being paid less compered to the approved LCA.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

2 : Are there any ways for him to support himself for not running the payroll and not meeting LCA?
>>> Nope. If you are employed with them, then they need to pay you.

3 : I am sure after all this he would revoke my H1. I am ready for that as I plan to go back to H4 due to some personal issues. But would this anyway impact my chances of getting future employment on H1 or H4-EAD permit?
>>> The officer can question you why you were silent for more than a year when you clearly know that the employer is not paying you. It is up to you to answer that. Not knowing the H1B regulation and your H1B rights in not accepted as an excuse.