employer thretening to cancel H1

[incsun]

Hi friends,

I joined this employer about 3 months ago. He couldn't find me a project.
As you already might have guessed it right, he didn't paid me any salary and no paystubs too.
Now he is threatening me that he wants to cancel my H1.

What are my options? Is there a possibility that I can transfer my H1 to an another employer without paystubs? I have the offer letter he gave me when I joined. Will that be of help? He also had helped me to open a bank account, and had credited USD 500 initially. That's all I have got.

Someone told me to approach DOL, can he still cancel my H1 after DOL starts investigation? I heard that there is some "Whistle Blower" clause or something like that, which restricts employer to take a retaliatory action like cancelling H1 after we report to DOL. Is that true? Has anyone been in this situation before?

Is it a sure shot that if I report to DOL, they will make the employer pay me?

Please help me, I'm in dire straits!

Thanks a lot

[knowledgeable]

Take care of yourself first ...

First and foremost take care of yourself. Considering the situation even if your employer retains you after a complaint, you don't really want to work with this company anyway.

So, you need to find yourself a sponsor for your H1B. You can give the new prospective employer COPIES of whatever documents you have and get your H1B transferred.

Find a good project and start your happy life in these United States.

Then you can put in some of your time and energy and file official complaints against this employer.

Remember your stay in the country and your life is much more important than anything else. Be careful and think twice before you take any drastic steps. If you have done any possible mistakes from your side, you may not want to consider going after your employer. If you're 100% clear and all your documentation and any written communication like e-mails is clean and clear, then you may think about it.

Remember your goals are to get a good project in the US, eventually file your permanent residency through a very good employer and live a happy life!

Hope this helps.

Good luck to you.

[jurong]

Hi

I am facing a same problem exactly like you, my employer doesnt want to find a project for me and rejected the other one that i bought just because the rates were low. I dont have any pay stubs to get my visa transferred as well hence i am just trying to get a project myself. i think pay stub for two months are a necessary for visa transfer . Please share me your experience and course of action in this.

[libraguy]

Hii people im in the same problem and in a state of Check mate ...cant move
no project and no marketing from the employer.no accomodation from the employer and im paying everthing from my pocket,how do i cahnge the employer without paystubs.. ny advise highly appreciated

i dont want ny mess with my H1 or my career..

[C4us]

People, it is essential that these employers that are abusing H1B workers be reported and prevented from continuing their illegal actions.

Your best options are to report to the DOL. That protests you when you try to transfer to a new employer and may eventually get you your back pay. If your employer declares bankruptcy or goes out of business they have no funds to attach but the sooner you act, the more likely you are to get paid.

I suggest if there are several of you working for the same employer and in the same situation that the group of you pay for a consultation with an immigration lawyer. A letter from an attorney may get results where you cannot. The government will pursue these employers. If the situation is very bad, you can contact the press and get publicity.

If you are out of funds for food and housing, you need to contact your religious organization in your area. They may be able to assist you.

[txh1b]

Search for Neufield memo and complain to DOL on a WH4. There are provisions if you complain to transfer without paystubs.

[sachih1]

One doubt here.

If the employer "cancels the H1", can't we transfer it to a different company?

1) When in India (Not travelled yet to US on this H1)
2) When in US

[txh1b]

Cap number belongs to the employee or the beneficiary. As long as the alien can prove that s/he was cap counted, the remaining period of H1b can be used with any other employer. An employer can cancel their petition but not the ability of a person to get on H1b again.

It is important if the person is in US to have a transfer filed with another employer before the employer cancels the H1b to avoid out of status period.

Read the FAQs.