Filing case against the consultant who didnt process last month salary

A Consultant XYZ processed my H1B visa while I was working in a well reputed company in Chennai, India. Since my wife was also in a job in chennai, india, I got confirmation from them that they will process H1B visa for my wife too after reaching USA. I came to California in March 2012 in a dream, but it was not as I expected. They asked me to work with a client who treated the employees as labour and without ethics or any process. They asked us to work more than 8 hours and even in weekends. As it became stress, right from day one I have requested XYZ company for a change of client. XYZ company agreed to get a better client in six months. In June 2012 my wife arrived after resigning from the company she worked for. XYZ company filed her H1B. I was forced myself to resign from the client in July 2012 as project culture was beyond tolerance. For the period of 4 weeks, my XYZ company set me up for only 2 interviews. But I kept attending interviews from my own side. Then I joined one company in the same place on a corp to corp basis. I was with them for a month . In the meantime I was offered by ABC consultant with better pay and project for the same company I worked in India. Since XYZ haven’t got EVerified, I couldn’t go for Corp-to-Corp. So the new consultant ABC processed my H1 transfer. When I informed about this to XYZ company they threatened to cancel my wife H1B. They even with held my last month salary. I have approved timesheet and all the relevant information to prove my statement.

Now I’m in New Jersey. My wife visa went to RFE on October 12th, 2012. since then she has been contacting XYZ company on a regular basis. They kept saying this for 2 months that they are processing. But when called on December 17, 2012 they said they did not want to waste their time processing visa as they have no confidence that she would stay with them once visa is approved. They want her to stay with them for minimum 18 months. Though she gave oral commitment, they finally said that they are not going to respond to RFE so that it will get cancelled.

Though we both worked in a well reputed company, we decided to come to USA just to get the better opportunity to work closely with the business and improve our client experience. But after coming to USA, we realized that these consultants are just selling us as labours. No one is professionals. They gave the false hope that they are processing and made us wait for 3 months in false hope. Also, they didnt process my salary for the last month after I resinged.

I want to do something about this, but not sure what should I do. For now, I know I cannot do anything about her H1B, but atleast I want to file case against the XYZ consultant for not processing my last month pay.

You can complain to DOL using W4 form about the missing pay. Also, as per law they are required to send you W2 for 2012 by Jan 31, 2013. Make sure you receive that as it may be required in future.