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  1. #1
    Join Date
    May 2007
    Posts
    1

    Question Delayed, Underpaid and Unpaid Salary in California

    Hello,

    IT industry CA USA

    You may feel that I have too many questions, but this is the reality I have been going through since I landed in USA on H1B non-exempt.

    I recently resigned from a consulting firm A and joined another consulting firm B. Resignation is addressed to the Employer of Firm A.

    1. The I-129 filed shows one salary figure and the one I am paid is lesser than that. Does the salary figure in I-129 has any relation with my pay or not?

    2. My employer used to apply for Overseas insurance and probably, I do not have any insurance since last one or more months of service. What is the law in this regards?

    3. My salary has never come on time (always 1-2 months delayed) and last one and half month's is due in the current date, how should I follow up? If the employer denies to pay, what should my further course of action be?

    4. Does the contract signed by me outside USA, with my employer regarding the job in USA, is considered valid by US Law?

    Regards

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: IT : Delayed / Unpaid salary at CA USA

    Your employer is not supposed to pay you less than the salary described on the labor certification. They are also supposed to follow state law in terms of when they pay you. If they are failing to do so, you should be able to recover unpaid amounts or the difference between what they paid and what they were required to pay, by filing a wage complaint with your state department of labor.

    Whether or not the contract is enforceable depends on its terms, not where it was signed.

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