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Judith! I am an h1b visa holder. My paychecks have been

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Hi Judith! I am an...
Hi Judith! I am an h1b visa holder. My paychecks have been bouncing for about 7 pay periods now. I have a 3 yrs contract with them, I'm on my 14th month. I've been complaining to them and they told me that their revenues are low since we just got few patients. They have started working on my eb3 but I'm not sure if I'll be able to get it since they haven't paid the lawyer in full, and I am not sure if they are financially capable since all the employees have delays in our salary. Early termination of my contract says that I have to pay everything they spent for me in full. Whenever I ask if they can still handle it and basically afford my salary, they tell me that everything is still fine. I don't know what to do. Any help will be appreciated.
Submitted: 2 years ago.Category: Employment Law
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Answered in 43 minutes by:
6/7/2015
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,090
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is ILLEGAL for them to issue a worthless check. Also, the DOL is right that once you get your pay, they cannot do anything more, but that does not mean you do not have a civil suit that you could file against the employer for the continued bounced checks and the costs to you and damages you incurred. Additionally, they are in breach of contract if they fail to pay you as scheduled and if the fail to process your paperwork as promised.
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Customer reply replied 2 years ago
If for instance they will correct what they have been doing and my future checks will no longer bounce, can I still file a civil case and nullify my contract with them?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
If your future checks no longer bounce and they begin to honor the terms of your contract with them, you could no longer sue to terminate the contract based on their breach, because they have fixed the breach. You can sue for breach only if they continue to break the contract.
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Customer reply replied 2 years ago
What if during the process of working with a lawyer to terminate the contract they have corrected it (issued a replacement check), can I use the repetitive bouncing of the check prior to that as a basis?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
If they continue to bounce checks, even though they fix them, then yes, you could use the repetitive bouncing to sue for breach of contract. However, if they fix the bounced checks and stop from bouncing them in the future, then you could not sue for that because they cured the breach.
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Customer reply replied 2 years ago
In reference to the eb3 I have mentioned earlier, would getting bounced checks from them affect the probability of getting approval for my eb3?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
No, bounced checks would not impair you getting your eb3.
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Customer reply replied 2 years ago
Won't the USCIS be checking on the company's financial status and their capability to pay me before they issue the permanent residency? Im trying to bear with all these because it will be worth it anyway once I get the permanent resident status from them
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
They will check on your earnings, the bounced check will not impair your eb3 if they prove the problem was cured. It is only if they find the company is actually insolvent that it could impair your eb 3. If the company begins paying you regularly again then it would not be a problem with USCIS>
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