Old Employer not paying Salary

[tbutler]

Hi,

I transferred my H1B to new employer. My old employer didnt pay me for 2 months and he is not responding to my emails or calls.

Can I send him lawyer notice for not paying 2 months salary for which I worked and 8 months for the bench period. He paid less than LCA amount and running paystubs for employer state rather than Client State to save taxes.

Please advise

Thank you
Tanya

[shervin143]

File a complain to DOL and make the employer pay.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

You can also consult an attorney. They are suppose to pay you irrespective of whether they provided you work or not. Getting a W2 that shows less than the approved LCA will cause issues later. So better file the complaint with DOL and keep the copy for your future records.