Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 visa holder salary on hold due to transfer issues...

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 visa holder salary on hold due to transfer issues...

    Hello

    I just have a few questions and your help/answers would be very much appreciated.

    My Husband is currently working on H1 with company A. However, after 3 months he finally decided to transfer to company B. Company B now filed for his H1 transfer. Now, company A didnt give his salary for the month of June. He hasnt resigned yet with company a and he's neither terminated. Here's the question:

    1. If he hasnt resigned yet and neither terminated, he's supposed to get his salary? Is it possible for company a not to give his salary for that month?

    2. Is it also true that USCIS gives notification to the employer if their employee has filed for H1 transfer? (company a said they received letter from USCIS asking if they want to retain his H1 status with their company)

    I am just wondering because as far as i know, it is illegal not to give the persons salary if he really worked hard for it. All I know is that unless the employee filed for his resignation then that's the time his salary will be put onhold. Please do help us so we would know what we could do about my husbands situation...As a worker, you need to be paid...and its hard not to get money especially if you have a family of 5 to support. Thank you very much and hoping for your help....

  • #2
    His salary issue falls not within the ambits of immigration law but rather within that of employment/contract law.............on the surface I would say yes hes entitled to hi salary.................has he made a formal demand for the salary?............what was the company's response?..........what does his employment contract says?..........doe he have outstanding debts to the company?

    Comment


    • #3
      thank you for your response.

      the company hasnt paid him yet and they said they have issues. my husband has no outstanding debts with them because with the contract that he has signed there is no bond or lets say that it is not stipulated that he has to work xxx months for him to resign/ leave the company.

      and i am really wondering, because of the fact that they are claiming that USCIS informed them.

      Comment


      • #4
        I am not familiar with the H process unfortuantely so i cant advise you on that...however if immigration law does not preclude him from transferring to another company then it doesnt matter what USCIS advise them of ...........you mentioned that the company has issues.......what are the issues exactly? he needs to make a formal request in writing for his salary so as to get a response in writing from them as to what their issues are........without knowing what they are its hard to determine whether they can legally withhold his salary although unless he has some debt to the company, I cant imagine the legal ground ofr withholding his salary

        Comment


        • #5
          It is illegal to withold salary from any employee regardless of their immigrant status. Please check out the Department of Labor website at www.dol.gov - you can then click on the link to the state inwhich your husband is working in. All he has to do is make a phone call to Department of Labor, and it will get resolved quickly.

          DOL CONTACTS*

          Employment Standards Administration (ESA)
          Wage and Hour Division
          200 Constitution Avenue, NW
          Room S-3502
          Washington, DC 20210
          E-mail: [email protected]
          Tel: 1-866-4USWAGE (1-866-487-9243)
          TTY: 1-877-889-5627
          Local Offices

          For questions on other DOL laws,
          please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
          Tel: 1-866-4-USA-DOL
          TTY: 1-877-889-5627

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X