H1-B transfer question to leave from a bad employer

[motinsf]

Hello. I have some questions.

1. To provide paystubs for transfering H1-B, can they be printouts of online payroll system?

2. I get paid bi-weekly, so I assume I need the last 6 paystubs from current emploer, is it right?

3. also, what if the dates of period I work for is messed up on some of the paystubs? (for example, I worked for 10 days for one period, but the paystub shows that I worked for 2/22-2/22 instead of 2/11-2/22)

4. Will anybody show me an example for the letter asking my current employer to pay me for the unpaid period?


I've decided to leave my current work place because this company has often not been able to pay salary on time. Sometimes they have to delay payroll more than a couple of months, and this employer never acts like he's sorry or appreciates the fact that many employees work hard with hard financial situation that individuals have. Also, we haven't worked for about one and a half months because there're no projects to work on.

So, I've been looking for new job opportunities and found a couple of companies that seems likely offering me a job soon. I read FAQ for H visa and it says that I can write a letter to the current employer to request paying me for the period unpaid (for me one and a half months) and provide the copy of it to help transfering visa process. It'll be great if I can see the example of such letter.

Thank you in advance for your time and help.

[southindia]

Hi

Hi you shkould post atleast the partial name.. like first middle and last letter of the company you are currently working so that it helps others not to fall in tht ditch!!

sorry I could not answer your question!!

[knowledgeable]

Why don't you ...

... report to the authorities, including DOL?

If you absolutely don't have the pay stubs, you can do with a fewer of them. Yes, the printouts from online system will help you establish your facts.

Why do you need any example, you know exactly what you need, just draft a simple letter and send it to your employer.

Good luck to you.

[infoway]

Before you report to DOL, talk to your employer first and look for an amicable solution. It will tkae forever for DOL to recover the money.

[motinsf]

updates on my situation

Thank you very much for comments, southindia, knowledgeable and infoway.

I'll post the initials of the company after whole issues solve and end.
I just wanted to post a updates on my situation.

I've got an official offer from the company I've been talking with. I sent them all documents asked, and I explained them why I can't provide pay stubs for the last 2 months. Now, they gave me 3 options.

1: Take a risk and file for the visa transferring and have to go back to my country if it's rejected.

2: They'll try to make a contract with my current employer, so that I can work for the new employer on site as an employee of my current employer.

3: Forget about it and go back to my current work, which doen't have any projects yet.

Option 3 does not solve anything because I will not be working and wouldn't get paid just how it's been for past 2 months. So, I told them to do option 2, and if that will not work out, then do option 1.
I talked with one of my boss at current work place, who is a bit more considerable and nice. He told me that he'll try to make it work for option 2. Though, he seems totally not understanding the violation they're making and insist that they're not violating anything...

If option 2 works, then I'll be able to collect some pay stubs to prove my work status to USCIS. And then, I'll be able to transfer my visa. If option 2 doesn't work, I'll take a chance and that'll reveal the violation of the company and myself. I may have to go back to my country, but at least doing good things for current and future H1 visa holders. Am I making correct decision? Any comments are appreciated.