Please advice me

[H1BVictim]

Hello Guys,
Please give me some advices/suggestions:
I was laid-off from my job in October and another H1B employer sponsored my H1 to his company. It was approved in November. I had applied for multiple jobs at that time and had a hope to get a job in november. But unfortunately I didn't get any. Then January and now March no job till now. When I called my employer in the middle of January, he said I will get a job by the end of January. I was also looking for jobs with positive approach.

Till now I tried to make my creditcard payments and car loans on time. Now my bank balances went to 2 digits and no money to make any payments. No health insurance.

I am hardly trying to learn some other technologies and couldn't able to concentrate becos of these dues. If I don't make my car payment, they may send to collections and then they will harass me.

I don't know what should I do. My employer hadn't paid me anything so far.

What should I do now?

[orion]

If you search this forum, you will learn that you should file a complain with the DOL about your company not paying you on a WH4 form.

[mgm11]

Hi,

First thing, Don't worry and don't panic!

Second, start having conversations with your employer over emails than phone, so that you have record that you were not paid for a while.

Last, Complain to DOL. Worst come, you will get your salary and may have to go back to India. You find a job there and re-enter US on new H1 visa. As simple as that. You still get you US salary from this employer between last september and present..........think about it

[orion]

Why complaining to DOL comes last?

I am sure OP talked a lot already until account balances dived to 2 digits!!! This should have been done long time ago.

[H1BVictim]

Hi,

First thing, Don't worry and don't panic!

Second, start having conversations with your employer over emails than phone, so that you have record that you were not paid for a while.

Last, Complain to DOL. Worst come, you will get your salary and may have to go back to India. You find a job there and re-enter US on new H1 visa. As simple as that. You still get you US salary from this employer between last september and present..........think about it

Hi,
Thank you for your suggestion. He hasn't given me a paystub or direct deposit into my bank accounts. He took my health insurance for couple of months, now cancelled and asked me to make myself. I don't really know what step I have to take now. Tension. Tension.

[H1BVictim]

Why complaining to DOL comes last?

I am sure OP talked a lot already until account balances dived to 2 digits!!! This should have been done long time ago.

thanks for your response.
What will be the consequences I have to face If I file? If I don't make my payments the creditors start harassing me.
No hope of getting a job.

[txh1b]

Complain using a WH4. That is the one step you MUST take.

[H1BVictim]

Complain using a WH4. That is the one step you MUST take.

What are the consequences I face after complaining?
Please tell me.

[txh1b]

Nothing as you already are out of status. Read the Neufield memo on the forum. It even lets you transfer the H1b.

You must get paid as per the law.

[H1BVictim]

Nothing as you already are out of status. Read the Neufield memo on the forum. It even lets you transfer the H1b.

You must get paid as per the law.

Hi,
Thank you for your response. Am I out of status with the H1 approval with this company? Oh gosh.

[H1BVictim]

Nothing as you already are out of status. Read the Neufield memo on the forum. It even lets you transfer the H1b.

You must get paid as per the law.

hi txhb,
Only 2 questions, Once I file a complaint against my employer how long I may get time in USA for finding a new job or new employer?
Before filing a complaint against him, do you want me to inform him?

Please answer to this. I have been looking at more threads.

[txh1b]

You have been out of status for a long time. There is no defined period allowed to continue being out of status just because you complained. You need to reinstate your status by getting paid and get a H1b transfer done immediately.

Write to him using a certified mail demanding all salary that they owe you and give them until end of last week to get you the pay. Send a WH4 immediately if they don't want to pay you.

If not, you need to pack up and leave.

[H1BVictim]

You have been out of status for a long time. There is no defined period allowed to continue being out of status just because you complained. You need to reinstate your status by getting paid and get a H1b transfer done immediately.

Write to him using a certified mail demanding all salary that they owe you and give them until end of last week to get you the pay. Send a WH4 immediately if they don't want to pay you.

If not, you need to pack up and leave.

Thank you so much for your response.

I will go with this:

Write to him using a certified mail demanding all salary that they owe you and give them until end of last week to get you the pay. Send a WH4 immediately if they don't want to pay you.

I am ready to leave USA If I need to in this case.
As of today 6month started after I laid-off my last assignment. I can't sit at home infront of laptop or watching TV all the time.

Thanks again.

[txh1b]

You should be trying to find a project, you already have a job, with your H1b sponsor. Watching TV doesn't get you a project. Know your rights as a H1b employee and get your salary.

[H1BVictim]

You should be trying to find a project, you already have a job, with your H1b sponsor. Watching TV doesn't get you a project. Know your rights as a H1b employee and get your salary.

Thank you for your suggestion. I spend weekdays and weekends infront of laptop and a personal desktop installing and learning new technologies. I did the same thing after I laid-off. I was in with the same impression and did the same thing. That is why I am not running out of money in my bank accounts.
Prepared and given a certification, started to take another certification but couldn't able to concentrate becos of this tension.

No body considering how many certifications you have or how work to take a call atleast. Al most all indian recruiters they are not letting my resume to forward to the client or prime vendor. What should I do? The middle layers themselves deciding my pay rate and taking decisions to not submitting to client.