First of all Happy Holidays to all Sajha users.  May Christmas and New Year be prosperous to all Sajha users.

My H1b was approved as a part time bases on November, but my company is giving me less hours and less hourly rate than mentioned in the petition (Prevailing wage). It’s been more than a month now, will there be any problem to me if it continues and what happens if I need to transfer to other company. Please give me some solution about what should I have to do if it will become a problem to me in future.

I thank you for your time and suggestion,

Pendulum

Company should be responsible for all these trouble for not giving enough hours. so talk to the management for giving paystuff with enough hours in it even if they do not give in reality so that you can  transfer to other company asap. Better consult to the lawyer. 

Thanks dinesh110 for your input,

I know its company’s responsibility to give enough hours and pay scale in my pay stub but due to their internal conflict it does not seem to be possible at this moment of time. I am getting pay stubs but in less hours and less pay rate than in the prevailing wage.

 My question: is it possible to transfer to other company with these pay stubs and will there be any problem I will have to face in future if it goes like this for long?

I know there are so many H1b experts in Sajha so please give me some solutions to this problem.

I  think you will be in trouble if you transfer your h1b  to another company.

Now you don't have any solution.

 

You will be out of status soon!

And you have to apply from your home country and you cannot join school too.

 

Sorry bro thats the way it is.

 

 

 

Thanks usaladka, but I could not get the things you mentioned below in quot,

Isn't there any soulution for the problem, how about DOL..........?

 

"I  think you will be in trouble if you transfer your h1b  to another company.

Now you don't have any solution.

You will be out of status soon!

And you have to apply from your home country and you cannot join school too."

 

 

Hi Pendulum,

Dont be scared by usaladka's comments. You are not in trouble, but your employer is. It is your employer who has violated the H1B terms. So, he will be penalized.

File a WH-4 form with the US dept. of labor. They will investigate your case, and determine if the employer violated the H1B terms by giving you less hours and less pay. If the employer is found guilty, you will be compensated.

So, dont sit idle, as in the long run you may be penalized. report to the US dept of labor, and start looking for a better job opportunity.

Good Luck

Thank you NEPAmerican,

I got some relief after getting your information.

 As you said to file WH-4, will it be better to file a WH-4 after getting another employer who will be ready to transfer my H1b or now. And what will be my status once I file WH-4 because after knowing about this filing my employer will not let me work with them. It's been about two months, I"m in H1b status.

Will it be good idea if I talk to them that I will be filing WH-4 against them, and try to make them ready to give me 2/3 paystubs as required to transfer to another company.
I appreciate your suggestion and guidance. Thanks.

Pendulum

Hey Pendulum,

This is a very sensitive issue. I dont want you to loose your job, but at the same time, i dont want you to be exploited. It will be best if you can find another employer first, but it might be difficult. You can go talk to them and say that if you do not get the hrs and pay rate mentioned in H1B petition, you will file the WH-4. But, like you said, they might fire you. you can sue them for that, but you will be jobless. So, wait until you have some options. If you find another job, then you will be in stronger position to take actions. Dont rush into any decisions. Take your time, and take the best decision.

You may want to consult a lawyer to find out all your options.

Good Luck