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  • Employer not paying on time...

    Hello,

    I am working for a good well known client "X" through some local prime vendor "Y" and my employer "Z". Almost from the beginning after joining at new client, i am not receiving my paycheck on time from my employer. When i ask him, simply saying that he is not receiving the payments on time from the prime vendor. He is saying he can run my payroll, only after he receives the payment from the prime vendor and asking me to put some pressure on prime vendor by keep on asking them. I did the same till certain level but, i lost the patience and exhausted of doing that now. I know prime vendor is not running the payments regularly, but i don't know what else i can do make him pay on time to my employer.
    I thought of changing the client and employer, but issue is i don't have the latest pay stubs which i required to apply for new H1 through another employer(because my employer running my paycheck once in a while, almost three months lagging is there). I am fluctuating a lot, because of my situation. I am almost feeling of crying now.
    Please, somebody advice me if there is any action i can take legally against the prime vendor or my employer. Does it affect my career in future if i take any?

    Thanks,
    Manu

  • #2
    Sponsoring a H1B for a candidate means the employer has a fulltime job for which they have to pay you irrespective of whether your end-client, prime vendor whoever pay the employer or not. Your job is to work on the project that your employer places you, send the correct time sheet and get paid accordingly. If they don't pay you, then you should complaint to DOL and make them pay. Otherwise, eventhough you are working, you will be considered out of status on H1B.

    You can try for a transfer to a new employer with a copy of the complaint filed againt your employer with DOL. Read this.



    https://www.immihelp.com/h1-visa-hol...ponsibilities/
    Not a legal advice. Use of this information is strictly at your own risk.

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