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Suppose I do not get paid by my employer for 2 months and after that I complain to DOL about it. Would DOL consider me to be out of status and would I have to leave the country?
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Although you may be out of status, a "whistleblower" - someone who reports illegal activity - is viewed positively. Obviously, you should be looking for a new employer and should leave this one as soon as possible. Your prompt report on your current employer should improve your case with USCIS.
Be sure to keep all communications to and from your employer and DOL. It is best to send things via certified mail, return receipt (CRR); alternatively, record any confirmation/transaction number from online reports. This documents that your communications were received and is useful if you need to go to court to recover your missing wages.
You, like other H1B visa holders, are being victimized by unscrupulous employers. Some are obvious since they require payment to file for the visa; others appear honest, and employees only come to know about them when they arrive for work. It is only through reports to DOL and other government agencies that current H1Bs can prevent this from happening in the future.
Whenever you have major concerns about dealings with your employer, you should consult an attorney.
Thank you for being part of the solution to this problem!
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