H1 Employer - urgent

[mlekhala]

if employee was not paid, and instead if employer asks the employee to send vacation letter and no dues letters notarized, are these documents valid at the court of law?

[cncd1]

Complain to the DOL about no bench pay and being forced to falsify the vacation documents. You are out of status with the pay issue. You would not be able to transfer your visa to another company but would have to exit the US for consular processing and could only begin work after receiving a new approval notice.

Paying to run a paystub is illegal if that is what you mean by taking a check from the employee.

Employment can be terminated by the employer at any time if you do not have a contract stating otherwise. They must supply a return ticket to your home country for you but not your family.

Since they have not been able to place someone with your qualifications and you have not found another employer, you would be better off returning home and only return when you obtain employment with a legitimate company.

[sudhamsh]

Whether or not the employee reports to DOL, the employee has lost the legal status to be in the US and may need to return home sooner or later. Least the employee can do is to help other people alike not to face the same experience. This can be done only by reporting to DOL. But at the same time the report should be done with honesty and not hiding any facts that may point to employee mistakes (if any).

Note: No legal advice.