Legal Question in Immigration Law in New York


I am working for a good well known client "X" through some local prime vendor "Y" and my employer "Z". Almost from the beginning after joining at new client, i am not receiving my paycheck on time from my employer. When i ask him, simply saying that he is not receiving the payments on time from the prime vendor. He is saying he can run my payroll, only after he receives the payment from the prime vendor and asking me to put some pressure on prime vendor by keep on asking them. I did the same till certain level but, i lost the patience and exhausted of doing that now. I know prime vendor is not running the payments regularly, but i don't know what else i can do make him pay on time to my employer.

I thought of changing the client and employer, but issue is i don't have the latest pay stubs which i required to apply for new H1 through another employer(because my employer running my paycheck once in a while, almost three months lagging is there). I am fluctuating a lot, because of my situation. I am almost feeling of crying now. :(

Please, somebody advice me if there is any action i can take legally against the prime vendor or my employer. Does it affect my career in future if i take any?



Asked on 10/18/10, 7:36 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

You can complain to DOL. This is most likely violation of the H1B regulations. The H-1B employer is obligated to pay you wages promised and certified by DOL for your work. From your point of view, as an H-1B employee, it's absolutely irrelevant whether a vendor pays your employer on time or not. Your employer is under obligation to pay you anyway.

You should consult a lawyer in regard to H1B transfer.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation, please visit

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Answered on 10/23/10, 8:58 am

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