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  • H1B Transfer and Old employer issues

    I got a fulltime offer from a company and they have initiated my H1B transfer(premium process). I clearly told my new employer that I can’t give a notice to my current employer until they get the approval notice form USCIS though they were 200% sure that they will get the approval.
    My current employer needs to pay me nearly $20K. At any point of time if I tell him that I going to quit, I’m going to have a hard time in getting my payment. I have also signed him that I will pay him $7000 if I’m not staying with him for 1 year. I will be leaving him in 10 months.
    My question:
    1. Can I tell him that I’m going back to India due to some personal issues and I’m not 100% sure that I will be coming back? – in order to get my payments from him.
    2. Is there any chance for him to hold $7000 legally since I signed the agreement?
    Please let me know

  • #2
    You don't have to make up stories. If the money that is owed is your salary, DOL will get it for you if you complain. Make sure you retain copies of signed time sheets etc for the period the amount is owed. As far as paying 7k for leaving goes, it is illegal. DOL can handle that as well.

    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.

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    • #3
      Thanks for your quick response. Yes it is my last 3 months salary.

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      • #4
        I forget to mention that my current employer is running my payroll every month and generating pay stubs but he is holding my pay checks and not paying me. Can I still file complain with DOL? Please let me know.

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        • #5
          Yes.

          Originally posted by B1978 View Post
          I forget to mention that my current employer is running my payroll every month and generating pay stubs but he is holding my pay checks and not paying me. Can I still file complain with DOL? Please let me know.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            WH4 form is your ***** wand. Just fill it out and drop it in the mail. It will work wonders.

            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


            • #7
              Just complain to DOL and get these kind of companies out of country!!

              Comment

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