My employer not giving me a paystub

[NilimaReddy]

Hi

Last 3 month I have no project and my employer not able to find me a project now. Now I want to transfer my h1b to other company”ABC”. Company”ABC” wants 2 recent paystub but I have not recent paystub. How can I get recent paystub from my employer? I don’t want to go labor department of the same. One of my friend advice me to give him a reason of lease agreement of house, because recent paystub is required in lease agreement of house. So I want to know in which situation recent paystub is required so I can give the reason to my employer and get my paystub ASAP. Kindly please advice me this matter. I really appreciate it.

[txh1b]

You don't want to follow the legal way of DOL. Sorry!

In the event of change in mind, http://www.immihelp.com/visas/h1b/em...procedure.html

[NilimaReddy]

If I would complain to DOL regarding my employer then will my employer cancel my visa? Or will my employer create any problem for me? Because I am new in this country and I have not much money to spend for lawyer fees. What can I do for this matter? Kindly please advice in this matter. I really appreciate it.

[visainterview]

You have to pay slips or otherwise find your own project and have your employer to do Corp to Corp contract. work for sometime and then transfer visa.See
he can give you payslips if he has filled you wages in tax department. Yyou need payslips for credit card application, buying a house etc. You empolyer will need to pay taxes if he has filled your income with tax department. i am sure he must not have done it.

Visainterviewhelp

Hi

Last 3 month I have no project and my employer not able to find me a project now. Now I want to transfer my h1b to other company”ABC”. Company”ABC” wants 2 recent paystub but I have not recent paystub. How can I get recent paystub from my employer? I don’t want to go labor department of the same. One of my friend advice me to give him a reason of lease agreement of house, because recent paystub is required in lease agreement of house. So I want to know in which situation recent paystub is required so I can give the reason to my employer and get my paystub ASAP. Kindly please advice me this matter. I really appreciate it.

[C4us]

You do not need a lawyer to file with the DOL.

You are out of status by not being paid and will not be able to transfer your visa. You are not subject to the cap but must wait for the approval notice from your new employer and enter the country on it.

Filing with the DOL about lack of paychecks helps - not hurts -you.

[txh1b]

You DO NOT need a lawyer to complain against an employer.

USCIS has recently issued a memo that clarifies that if documentary evidence is presented of an employer violation, the person will be allowed to seek other employment and H1b transfers possibly.

This is good news as USCIS has never clarified what the situation would be if the employer retaliates by cancelling the H1b or laying off the person. Though it was deemed inappropriate by DOL, the complainant was left in a catch 22. This memo has done a wonderful job of clarifying this point.

Read page 8

http://www.uscis.gov/files/nativedoc...21_30May08.pdf

4. INA § 212(n)(2)(C)(v) Guidance Relating to Changes in Employment by H-1B Aliens who report LCA violations
ACWIA provides for enhanced penalties against H-1B employers who violate attestations made on a Labor Condition Application filed with the Secretary of Labor. Among these provisions for enhanced enforcement are measures designed to enable and encourage H-1B workers to report employers who violate certain attestations. As a result, §212(n)(2)(C)(v) of the Act calls for a process under which an H-1B alien beneficiary who files a complaint regarding a violation of §212(n)(2)(C)(iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. A more formalized process for the adjudication of H-1B petitions containing such extension requests will be incorporated into a forthcoming rulemaking relating to various AC21 and ACWIA statutory provisions.
USCIS adjudicators are instructed that, if credible documentary evidence is provided in support of an H-1B petition that the alien beneficiary faced retaliatory action from his or her employer based on a report regarding a violation of INA § 212(n)(2)(C)(iv), then USCIS adjudicators may consider any related loss of H-1B status by the alien as an “extraordinary circumstance” as defined by 8 CFR 214.1(c)(4). This process may allow the alien additional time to acquire new H-1B employment and remain eligible to apply for a change of status or extension of stay notwithstanding the termination of employment or other retaliatory action by his or her employer.
Credible documentary evidence should include a copy of the complaint filed by the H-1B alien beneficiary, along with corroborative documentation that such a complaint has resulted in the retaliatory action against the H-1B alien beneficiary as described in 20 CFR 655.801 in pertinent part:
(a) No employer subject to this subpart I or subpart H of this part
shall intimidate, threaten, restrain, coerce, blacklist, discharge or in
any other manner discriminate against an employee (which term includes a
former employee or an applicant for employment) because the employee
has--
(1) Disclosed information to the employer, or to any other person,
that the employee reasonably believes evidences a violation of sections
212(n) or (t) of the INA or any regulation relating to sections 212(n)
or (t), including this subpart I and subpart H of this part and any
pertinent regulations of DHS or the Department of Justice; or
(2) Cooperated or sought to cooperate in an investigation or other
proceeding concerning the employer's compliance with the requirements of
sections 212(n) or (t) of the INA or any regulation relating to sections
212(n) or (t).