    
Bhaskar1977
Pilla Bewarse
Username: Bhaskar1977
Post Number: 1
Registered: 08-2008
Posted From: 76.250.71.70
Rating:N/A
Votes: 0(Vote!) | | Posted on Monday, August 11, 2008 - 6:03 pm: | 
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Hi All, My name is Bhaskar and I am in a wierd situation.
I came to USA in March 2005 and I got a project in less than a month and I am on that project till November 2005.
My employer paid me as we are agreed ($ 40 k per annum per LCA and offer letter).
I am on bench for the entire year of 2006 and my employer never paid me any thing - I know it is not legal for either of us but I always beleive that I can get a project soon and can run the pay roll for 40 K per LCA --but unfortunately that was not the case.
I got a job in year 2007 and I am on that project till end of 2007.
I realised that 40K is too low and I negotiated my salary with my employer verbally.
My employer agreed verbally to pay @ 60K per annum but my LCA still show 40K per annum and I don't have any document to back this agreement.
I left this employer for better opportunity (@ 90K per annum full time job) and my new employer is a client and they processed my H1B.
My employer paid 2007 payroll per LCA. Issue here is that I should get 60k as my salary in Year 2007 but my employer paid me $ 40k. As I don't have any proof of it on paper, I am aware of the fact that I can't win this case.
But I should get this 20K somehow right???
Now my question is I am on their H1 for year 2005, 2006, 2007 (proof is 2005, 2007 pay stubs, w-2 forms - neither they paid me nor they cancelled my H1B in year 2006).
Can I claim or sue them for the wages for the period of 2006????
If I do, can I get 40K from my previous employer???
I know this is unethical and not human to sue some body for $40k when they really owe me $20k but that is the only solution for me to get the outstanding 20k from my employer on which they never responded to me despite of my continuous voice messages/e-mails.
I am happy to provide any additional information to you and I appreciate your help on this issue.
Please advice mt how I can approach on this and Thanks in advance!!!!
Would like to add a question for the scenario I mentioned above.
--Can I file this case with DOL or is it too late because the issue in this litigation is regarding the wages of Year 2006???? |
