my stop payment

I was working for a firm in Fifth ave 47th st. on july 2nd i told my employer that i am quiting my job and gave him a 30 days notice. my status there was H1 visa. In return he got wild on me and started shouting on me and abusing me and also telling me that he will file a case on me for robbbery or anything which can trouble me. He aslo kept calling on my wife's cell and at my residence in midnight and harrass me and continued it for several days. He also stopped my paycheck by putting a stop payment on it.
Also when he filed for my h1 he said in writing that he will pay me $42000 per year and also give me medical, which he did not. Infact he paid me only $24000 yearly with no medical expenses for mr or my family. and when i asked for the difference in salary he said i will not give you.
Now presently i am working for a firm in chicago. My H1 is in this comapany i got it transferred 10 days in advance.

what should i do and what case can he file on me and for what...
please let me know. And if i claim my money on him will i be reimbursed for my lawyer fees.

1 answer  |  asked Jul 15, 2004 10:00 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
H1B Visas

An H1B Visa is a device which allows employers to hire foreign workers for jobs in the United States. The idea behind the H1B visa is to allow employers to get foreign talent in areas in short supply in the United States.

The H1B visa is NOT suppose to be a way for an employer to hire cheaper foreign labor. Employees hired on an H1B visa are supposed to be paid at a rate comparable to American workers. If the employer fails to pay a market rate to the foreign worker, the foreign worker can file a complaint with the INS (of all places) to force the employer to do so.

One of the things that the H1B visa tries to prevent is foreign workers coming to the US and ending up on social welfare rolls. The H1B program prevents this by requiring employers to enter into a contract with the foreign worker, in which the employer promises to pay a fixed rate of pay for a fixed period of time (usually 3 years). These contracts will often provide for other benefits, such as health or education benefits. If the employer fails to live up to the terms of the H1B visa, the employee can sue, usually in state court, to enforce the contract.

posted by David M. Lira  |  Jul 16, 2004 09:51 AM [EST]

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