My Desi Employer given lawyer demand notice letter after resigning frm old employer

[helpking]

Dear Lawyer,

I'm on H1 visa . I would like to seek your expert advice on my
situation regarding desi employer Torcher and they did not payed my
salary from Jan 1st 2012 to Fen 10th 2012 after resign, i have worked upto 10th Feb 2012, even sent lawyer notice yesterday.

I have resigned my desi employer on January and given 5weeks notice
due to client request and vendor request.

After that, I have joined my new employer this week. after 5 days,
now my previous desi employer sent a lawyer notice to me like "
breaking vendor contract ".

I have found my previous client my self in dice and then client
suggested me to go with main vendor, and main vendor chosen one desi
company for my h1 transfer.

Recently I have got full time job, and resigned my desi employer, now my
employer torching every day by his calls.

last friday is my last day in client place, and I have moved to new employer feb 13th 2012 and
still my employer not paid my salary(40days) from Jan 1st to Feb 10th.
today he sent lawyer notice to me indicating like "breaking vendor
contract ".

What to do?

Here is the hierarchy of my employer with the client

[client] ---- 1 (Level)
|
|
[Main Vendor] ---- 2
|
|
[Vendor] ---- 3
|
|
[My Employer] ---- 4

While leaving the project I've provided 5 weeks notice to the [Vendor]
and has performed
Knowledge Transfer to the client and the client has no issues while I
was leaving the
project.

Now my previous desi employer sent a lawyer notice saying that "I was
broken vendor contract" and even stopped my salary from January 1st
2012 to Feb 10th 2012 and I also have the client approved time-sheets.

Please advise on how I can act on this situation and how to get out
from this situation with my payments.

Thanks much!!

[helpking]

Please treat this as serious and give your valuable suggestions.

[kabkaba]

Hire your own lawyer who is experienced in both labor and immigration matters. (Search the internet for names). You can complain to DOL about unpaid wages, you have rights as an H1 worker, understand those.

[shervin143]

You should not get advise on these issues in a public forum. It is very hard to recommend anything without knowing what you have signed with the employer. Like mentioned in the previous reply, consult a good labor and immigration attorney who can guide you properly.

If the employer hasn't paid you any wages, file a complaint with DOL and make them pay.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

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