Employer did not pay please help...

[krish08]

I am permanent employe to a Company (A) and on payroll for 3 years.. suddently in 2009 march my project got over and I am on bench.. my employer told that he took me out of payroll and told me to leave country..

some how I managed and stayed and searched for Job..finaly got after 3 months... mean time he did not cancel my H1B ....and market my resume for 3 months with out paying me... after getting project again he started my payroll.... and applied my extension...and RFE is on my w2 for 2009( since my w2 is less that my LCA) H1B Extension got rejected...

and I told him that I am moving out of country.. but I stayed in US .. because

During RFE i applied for H1B transfer in premiun with another company (B....current company) and got approval...

Can I complain to DOL abt my old employer (A) that he did not pay me for abt 5 months.. I have all proofs that they market my resume and he started my payroll after getting project ?

my consurn to complain to DOL is that .. after getting my h1b extension rejection i told i am going to country.... and took traveling tickets and used for my Visa stamping.. obviously his records says I am out of the country..

still can i complain to DOL for period he did not pay in 2009 by submiting W2 etc....

Will it be favour to me since it is already 2010?

[shervin143]

I think it is too late now to do that. Complaint to DOL should be within an year.