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  • Employer not paying.

    Hello,

    I'm working in the US on H1B visa. My wife is on H4 and she's 4 months pregnant.
    My H1 employer is not paying me for the last 2 months. He's saying that the clients are not paying him on time so he is not able to pay me.
    I'm really in a bad situation since I have more responsibility towards my family now.

    I paid for my H1 and I aksed him to retun the money still I see around $1500 is left for him to pay me.
    He's also told me that due to current economic problems, he's not able to find new projects for me.

    What should I do ? Please let me know.

    Thanks

  • #2
    Surprise!!!! This should have been the trigger when you paid for the H1b. Such shady companies should be complained to DOL.

    The client's payment has got nothing to do with your pay. That is between the employer and them. You must be paid as per the law irrespective of the client's payment.

    You can look up the state DOL website as state law governs how much time an employer has to pay for services rendered. It is usually 2 weeks to 4 weeks in most states.

    If not, look up DOL WH4 form on immihelp. They will take care of your employer and they will get your pay.

    As far as slow economy goes, the employer has a right to terminate you or lay you off if they are unable to support you. You can either find a new job and have the H1b transferred to them. But it should be a real job as USCIS will not approve a H1b without substantial proof that the job exists in this economy.


    If they terminate your job, they must pay for your return ticket home. That is the law.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Mind you, your and your wife's health insurance, if you ever had any - is most probably expired. And do you know the expenses for your wife to continue here without insurance?

      Comment


      • #4
        Originally posted by telugu1
        Hello,

        I'm working in the US on H1B visa. My wife is on H4 and she's 4 months pregnant.
        My H1 employer is not paying me for the last 2 months. He's saying that the clients are not paying him on time so he is not able to pay me.
        I'm really in a bad situation since I have more responsibility towards my family now.

        I paid for my H1 and I aksed him to retun the money still I see around $1500 is left for him to pay me.
        He's also told me that due to current economic problems, he's not able to find new projects for me.

        What should I do ? Please let me know.

        Thanks
        -- search job yourself , take H1 transfer with another employer if possible,
        remember the pregnancy charges for screentest , blood test etc upto hospital delevery charges its too high. at the time when my wife pregnant and normal delevery hospital charged on my inssurance claim is 15k, and upto 9months all the test claims are extra.. so its huge ammount if you dont have have pay stub and your employer and you not paid inssurance then you never get any benefits from inssurance. if u have money to pay then ask your wife to stay into USA, if you dont have money then better to give birth your baby into homecountry (india). yes if baby born into USA then baby is USA citizen this is the benefits for your baby only. its your choice we cant forced you.... best luck for your job and congratulation....

        Comment

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