Employer deducted amount as loan which i never took


#1

Hello ,
I am facing challenges from my previous employer. Recently I changed my job from Employer A to Employer B.
My I-140 is approved from company A and its been more then 180 days.Company B has initiated H1 transfer received receipt notice
1 month ago and waiting for approval.

My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation.
Concerns:

1)Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don’t have anything to claim.
2) What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
3) Can he withdraw my I-140 if I try to challenge him? what can be effect on my status if he withdraws I-140 ?
4)If i approach attorney and if we successful proving employer’s fault , can we cover the attorney expense from him?

Regards
Jordan


#2

1)Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don’t have anything to claim.
Ans: If you have any proof that the deductions are with the name of LOAN and also if you can prove that there was no such loan, He/she must pay you full salary as per the LCA.

  1. What are my legal options considering I never took any loans? is it worth fighting him
    considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
    Ans: He/she cant harm your H1 or i140 as you already had Employer B who has filed your next H1 and also your i140 passed 180 days of its age.

  2. Can he withdraw my I-140 if I try to challenge him? what can be effect on my status if he withdraws I-140 ?
    Ans: His attempt to withdraw i140 doesnt hurt you.

4)If i approach attorney and if we successful proving employer’s fault , can we cover the attorney expense from him?
Ans: Yes.


#3

my h1 transfer is in progress . going to file premium processing on 17th feb . I am not sure if he can revoke before that in short time but just considering all options before I start fighting.
Jordan


#4

Also, the amount is for my number of hours for leave which he has to pay me as per company policy.
Jordan


#5

You need to work with an immigration accountant to find exact classification of the deduction. If its for the hourse that you didnt work, why you are saying for Loan? He can show only one cause either for Leave OR for Loan