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Employer not paying salaray and withholding h1 b visa--please help soon New Jersey New Jersey

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  • Employer not paying salaray and withholding h1 b visa--please help soon New Jersey New Jersey

    Hi,
    Heres my case.
    my employer is in virginia.i am working at the clients place in NJ.i did my masters and graduated in may 2007 and joined this consultant employer.he applied for my h1.it got approved but he has not yet given it to me sayin that he fears because people transfer to another employer.I need my h1 b visa for license and other purposes.Also he has not given me my last months salary.he is not responding to my call and email.he made me sign a notarised bond with him where i cannot leave him for one year.if i do i should pay him 10000+money he has spent on me.i still have 9 months in the contract.I want to leave him as he is harassing me.are these bonds legal in the u.s?i have heard it is not.Please confirm.Also what do i do about my h1 visa and salary and transferring to another employer..please advice me soon.
    Thanks

  • #2
    An agreement to work for the sponsoring employer is not unusual. To find out if yours is enforceable, you would need to take it to a lawyer to review.

    The visa is only good for the employer who sponsors it. Another employer may seek to transfer it but isn't as straightforward as just finding another employer and handing over the visa. I'd suggest speaking with an attorney versed in employment and immigration.

    If you have not been paid then you can file a claim with the DOL. This is free.

    What type of harassment are you experiencing? What is the reason for it?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      He is harassing when I ask for my h1 b visa and salary.he is not giving my h1 b visa.what do i do about it?

      Comment


      • #4
        Contact your local US Labor Dept-Wage Hour Div, which has the authority to enforce the H1 visa program.

        Northern New Jersey District Office
        US Dept. of Labor
        ESA Wage & Hour Division
        200 Sheffield Street, Room 102
        Mountainside, NJ 07092
        (973) 645-2279

        or

        Southern New Jersey District Office
        US Dept. of Labor
        ESA Wage & Hour Division
        3131 Princeton Pike, Bldg. 5, Rm. 216
        Lawrenceville, NJ 08648
        (609) 538-8310
        ========================================

        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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        • #5
          I called up the DOl and the wages dept.They said you should talk to the uscis since they have no idea about the h1 visa.i called the uscis and they said they too have no idea.what do i do?

          Comment


          • #6
            Are you talking about the approval letter or your passport with the visa stamp?
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Originally posted by kkkk View Post
              I called up the DOl and the wages dept.They said you should talk to the uscis since they have no idea about the h1 visa.i called the uscis and they said they too have no idea.what do i do?

              Looking at your post, I can't tell what is exactly the problem. For the Federal DOL-Wage Hour Div to get involved there most be a violation of the H1 visa program. What is the alledge violation? Be specific of the alledge violation. The fact that the employer is holding your visa paperwork may not be a violation under DOL-Wage Hour Div.
              ========================================

              "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

              Comment


              • #8
                He is not giving me the aproval.I just know my h1 is approved since i saw that online on the uscis website.but i do not have any paperwork.

                Comment


                • #9
                  FYI - I have deleted your two duplicate posts. All the responders read all the employment law forums; it is not necessary to post a question more than once.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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