Legal Question in Immigration Law in Illinois

H1b Employment

I am switching employers and my previous employer hired me in march 2003 at $45000/annum but they didn't pay me anything till the end of April that too at the rate of around $10/hr.Only one paper/offer letter of employment was signed by both parties which states the salary and that employment could be terminated by either parties anytime.Could the unpaid salary be recovered at the promised rate.


Asked on 6/24/03, 10:25 pm

3 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: H1b Employment

If you were truly petitioned by this company under the H-1B visa then, yes, you need to get paid at the $45K rate. As part of the H-1B petition, the company had to sign various documents under oath that it was going to pay you that rate, so it wasn't just that "one paper/offer letter of employment" stating the rate.

You should get an employment/labor lawyer in Illinois to demand this company for the back wages, and as a final resort, threaten to sue and actually suing them.

Liem Doan, Esq.

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Answered on 6/24/03, 10:35 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: H1b Employment

Yes, the unpaid salary can be recovered.

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Answered on 6/25/03, 9:49 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: H1b Employment

Not only you are entitled to your 45K wages, you can sue this company for fraud and get punitive damages in excess of 45K.

If the company paid you less than what they claimed and promissed to pay, then they defrauded both you and the Federal Government. If the case gets filed, this company will lose big time.

Also, if you were to report this company's practices to INS and Department of Labor, they will be put out of business.

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Answered on 6/25/03, 9:56 pm


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