• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Laws for Payment under H1B

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?MN


I want to know if a company violates the H1B immigration law, if they don't pay to the candidate for the initial 4 months after fiing the H1B.

I was working on L1B for company A.
Another company B filed my H1B in the month of February .
I left company A and joined company B after H1B got approved in March. Company B did not pay me untill the month of June untill I was placed in a project.They gave me a employment letter which states that my employment begins on May.

I am pursuing a case against this employer as they did not pay me for 400 hours I worked for them.Please let me know if they have violated the H1B immigration law as well so that I can bring up a case together.



Senior Member
Why were you working for them if you were not getting paid? Why did you wait until you've put in 400 hours to figure out that you were not getting paid and there is something wrong with that scenario? If the requested start date of employment on the H-1B petition is May then they did not have to pay you before the start date, since as a change of status petition, you were not authorized to work for that employer until after the approval notice was received.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.


Junior Member
Thanks so much Lana for the reply.

Let me explain my case in more detail.
My H1B was filed on February and the approval notice received on March.
(How can I find out what is the start date in the petition)
They said they will pay me once I am in a project.
Since I was new to H1B and not sure whether I am supposed to be paid or not, I did not complain about that.
Till the month of May they did not pay me anything and then I joined a project on May.
Even after joining the project they did not pay me for 400 hours and kept telling that client is paying late and we will pay you everything once we receive the payment.I was new to H1 and was accepting everything they told me.
Finally out of frustration and financial crisis I had to leave the company.

This is my story.Please let me know what are the options I have here.
I not only want to get the wages back but also want to know if anything unlawful has happened.

Thanks a lot in advance.


Senior Member
If you have a copy of the approval notice for the H-1B, then validity period (the start date and expiration date are on that approval notice). As for working without pay, the employer was violating the terms of the H-1B approval and can be liable to you for back wages.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential