Posted by: rajan9 May 7, 2023
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Hi H1Bseeker,
My consultancy was not paying me while I was on bench, my situation at that time was, I was on H1B but I was not being paid which means I was "Out of Status". I did lots of research on internet, I fortunately found "murthy.com", from that site's discussion, I figured out that complaining against my H1B petitioner in DOL (Department of Labor) was only option left for me. I had two options at that time,
1. Either stay in the US illegally
2. Or Filing complaint against my employer.
I was really traumatized by the situation, I can totally understand and feel the situation currently you are in,
I opted for the second option, because I worked really hard to get degree here, and I had no intention of staying here illegally,
I'm not sure if you are aware of the fact that DOL will provide you with lawyer (free of charge), and they will do the investigation. In my case, they did investigation and I got "Determination Letter" from DOL in 2-3 months of time I filed complaint, where they asked my Employer to pay all the unpaid H1B workers the back wage, with that letter I filed for change of status, then went back to Student status.
Though I did not get my back wages (which was not my primary intention), my only intention was to be back to status. I hope my experience will help you in anyway to move forward. Check the "Department of Labor, wage and hour division" https://www.dol.gov/agencies/whd and do some research of murthy.com or other sites.
You can ping me if you think I can be of any help
All the best
My consultancy was not paying me while I was on bench, my situation at that time was, I was on H1B but I was not being paid which means I was "Out of Status". I did lots of research on internet, I fortunately found "murthy.com", from that site's discussion, I figured out that complaining against my H1B petitioner in DOL (Department of Labor) was only option left for me. I had two options at that time,
1. Either stay in the US illegally
2. Or Filing complaint against my employer.
I was really traumatized by the situation, I can totally understand and feel the situation currently you are in,
I opted for the second option, because I worked really hard to get degree here, and I had no intention of staying here illegally,
I'm not sure if you are aware of the fact that DOL will provide you with lawyer (free of charge), and they will do the investigation. In my case, they did investigation and I got "Determination Letter" from DOL in 2-3 months of time I filed complaint, where they asked my Employer to pay all the unpaid H1B workers the back wage, with that letter I filed for change of status, then went back to Student status.
Though I did not get my back wages (which was not my primary intention), my only intention was to be back to status. I hope my experience will help you in anyway to move forward. Check the "Department of Labor, wage and hour division" https://www.dol.gov/agencies/whd and do some research of murthy.com or other sites.
You can ping me if you think I can be of any help
All the best