California Employment Law
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Hi. I'm seeking guidance in my case. I'm H1B visa holder. I was working with Aikeaa Inc. and was having H1B visa with them till 10th Nov 2011. Aikeaa was not paying me payment on time and giving me reason that they are putting money for my green card processing. In last moment of visa expiration Aikeaa told me they filed my H1B extension through Virrtuo techsoft. Virrtuo techsoft kept me in loop for 2-3 months and they stopped responding. In Nov 2012 my extension was approved but they didnt share the extension document. So, I filed my case with DOL on 31st Dec 2012. DOL closed case against Aikeaa saying that its been more than a year, so they cant accept my request. My Around 50000+ gross amount is pending with Aikeaa. I was working with NetApp till DEC 2011. I sent my last time sheet to Aikeaa for month of Nov. and Dec 2011 on 17th Jan 2012. My payment has been done for Nov. and Dec to Aikeaa after 17th Jan 2012. I stressed on this point to DOL but they still not accepting. I do not know where to go and fight for my money. Both the Aikeaa and Virrtuo techsoft have mutual understanding and they put me in this situation. Could you please help or suggest ? Thanks, XXXXX XXXXX XXX XXXX
I was an Employee ( H1B Holder ). Aikeaa was my Employer.
My payment around 50K still not been cleared. I filed my case with DOL for that but they are not considering my case saying that its been more than a year since I filed complaint.
I filed my complaint on 31st Dec 2012.
My visa was expiring with them on 10th Nov 2011.
I sent my time sheet working hrs for month of Nov 2011, Dec 2011 on 17th Jan 2012. ( which was after my visa expiration ) I was working as consultant with NetApp on behalf of Aikeaa till Dec 2011. Payment for my working hrs have been made to Aikeaa by StrataServ ( Middle vendor ) after 17th Jan 2012.
I was having project with NetApp Inc. from July 2010 to Dec 2011. NetApp used to do payment for my work hrs to Strataserv ( middle vendor ) and Strata Serv ( Middle vendor ) used to pay to Aikeaa. In this duration, Aikeaa did not pay me on time and in the end 50K amount still pending with them and they are not releasing it.
How Can I get my money back ? DOL is not helping me saying that its been more than a year since my visa with Aikeaa.
Ok. I will wait. Thanks.
Thank you Joseph. I will do so. According to DOL investigation, they are saying that the Aikeaa Inc. ( my employer ) has shut down his business. In that scenario, will they be able to help me ?
Thanks. I live in Fremont, SF bay area. Do they have office in my area where I can go personally and file my complaint ? Does it matter if I go personally or do online ?