Lutherville Timonium, MD asked in Employment Law, Immigration Law and Workers' Compensation for Maryland

Q: employer asking me to pay him money for my H1B visa transfer

Employer didnt find me a project for 5 months. He didnt pay me salary and is asking me to pay for the one month salary paid during the no work period, H1B transfer. He is threatening to collect it from my reference person incase I fail to pay.

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Well, this seems like a questionable action, but you appear to have fallen out of status. This appears to be a less than bona fide employer. There is outstanding salary that you are entitled to, but you will have to file a complaint with the Department of Labor.

Your decision to remain in the U.S. and not complain means that you knowingly did not work for five months. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any more complications. Good luck.

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