I was working on H1B visa as a full time employee for a...

<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

Question by Bansi
Submitted on 6/21/2004
Related FAQ: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)
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I was working on H1B visa as a full time employee for a company based in Spokane, WA. After working for about a year, my salary was reduced from 40 k to 30 K. Although in the Labor Approval that he got, it said the prevailing wage was 41,790 $. From the date of my employment (12/05/2001) to 12/01/2002, I was paid at 40 k per annum. From 12/01/2002 onwards I was paid at 30 k only. For the month of July 2003 and February 2004, I was not paid at all. The reason given for non-payment was non availability of funds. He said that he will pay me as soon as he receives payments on the project. My agreement does not say that my salary is subject to any payment received or not by the company. I think I should be paid no matter what. I have reasons to believe that he has received payments during this period. There were other people working for the company when I started working for them, but eventually I was the only one left. When I told him in Feb 2004 that I can't work till I get paid, he threatened me with the cancellation of my Visa. I took a job elsewhere in March and I stopped working for this company since March 1, 2004. I formally resigned with them on March 11, 2004. He has always said that he wants me to come back to work again but he will pay me only after he receives payments. Do I have any rights/claims on the company? I have: 1. All my time sheets. 2. Emails about the money owed. 3. Transcripts of the conversation he had with the Dept. of Labor in which he acknowledges that he owes me money. 4. Pay stubs which show a gap of July 2003. 5. Other email correspondence about the money owed, work related emails etc. What he owes me: 1. 2 months salary (4 paychecks) 2. About 112 hours of earned vacation time. This totals to : 5000 + 1615 = 6615 $ at 30 k per annum. If I am to be paid at 41,790 per annum than it will be a total of about 20,000 $. Dept of Labor and Industry, WA was satisfied when he said he will let the DOL know when he receives payments and till date DOL is waiting to hear from him. Company has not declared bankruptcy so far. I will be sincerely thankful, if you help me or guide me in this situation. Email: vikbans@hotmail.com

Answer by Bansi
Submitted on 9/7/2005
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This was the situation in July 2004: I was working on H1B visa as a full time employee for Magnetic North Inc. based in Spokane, WA. Scott Price is the CEO of Magnetic North. After working for about a year, my salary was reduced from 40 k to 30 K. Although in the Labor Approval that he got, it said the prevailing wage was 41,790 $. From the date of my employment (12/05/2001) to 12/01/2002, I was paid at 40 k per annum. From 12/01/2002 onwards I was paid at 30 k only. For the month of July 2003 and February 2004, I was not paid at all. The reason given for non-payment was non availability of funds. He said that he will pay me as soon as he receives payments on the project. My agreement does not say that my salary is subject to any payment received or not by the company. I think I should be paid no matter what. I have reasons to believe that he has received payments during this period. There were other people working for the company when I started working for them, but eventually I was the only one left. When I told him in Feb 2004 that I can't work till I get paid, he threatened me with the cancellation of my Visa. I took a job elsewhere in March and I stopped working for this company since March 1, 2004. I formally resigned with them on March 11, 2004. Do I have any rights/claims on the company? I have: 1. All my time sheets. 2. Emails about the money owed. 3. Transcripts of the conversation he had with the Dept. of Labor in which he acknowledges that he owes me money. 4. Pay stubs which show a gap of July 2003. 5. Other email correspondence about the money owed, work related emails etc. What he owes me: 1. 2 months salary (4 paychecks) 2. About 112 hours of earned vacation time. This totals to : 5000 + 1615 = 6615 $ at 30 k per annum. If I am to be paid at 41,790 per annum than it will be a total of about 20,000 $. I reported this to Federal DOL and they finally determined that back wages owed to me is a total of $15, 560. The owner of the business did not reply to several letters of DOL and DOL was not following the case as aggressively as I was thinking they should. So upon writing to higher authorities in at DOL, he was made to finally enter into an agreement to pay $300 every month. He made just 1 payment on Jun1, 2005 and after that none. DOL has not sent me those $300 so far and now they do not keep me posted either. They do not return phone calls or reply to my emails. So I do not know what is going on. I was informed last week that payment on 300$ is delayed because of computer system problems. I also filed a suit against him in Spokane but I was confident that DOL will be able to get results so it was not followed. Lawsuit is still there. It was filed in June 2004. Company has not declared bankruptcy so far. And I know that this guy has money. During my employment I was made to lie to the clients of the company too. This company/Scott Price has least work ethics. What are my options? How can I put pressure on DOL or this guy? Should I follow on lawsuit?

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<< Back to: Immigration (USA) FAQ: GC and Citizenship questions and answers (part 6 of 6)

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Answer by Shawn
Submitted on 9/27/2005
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You just need to file a complaint with DOL.

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