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H1B Visa - claiming unpaid salaries

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  • H1B Visa - claiming unpaid salaries

    I am on an H1B visa. My employer has placed me in a project in New York City through an intermediary company. In the offer letter they have stated that I will be paid on either the "due date in a given month or upon receipt of payment from the client". The client, in this case, refers to the intermediary company. This has resulted in my wages being received by me in arbitrary fashion as I have no idea when payment is going to be received. The current month is February 2010, but I have received wages as of November 2009 only. I am terminating my contract and planning to return to my home country. My employer only wants to pay me my December 2009 wages and arrears of November 2009 wages that were incorrectly computed. As I am uncertain whether my employer has any genuine intention of paying me, I am looking for legal advice here on how best to approach this situation. I have also since found out that my employer should have filed for an LCA to cover my present project, but apparently has no done so. I seek your advice on this matter. Is there anything that can be done?
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