Pay stubs - H1 transfer

[Seshu_naidu]

Hi,

I am working with a Desi consultant for the past 7 months. My employer is not paying the salary in time and holding 2 1/2 months pay. After asking him for promt pay many times, I decided to look for a job as my employer is still doing the same. Now I got new job. Here I have few questions regarding my problems.

(1) My current employer is not sending me the pay stubs from February 2008 onwards and he is depositing the money in my account. Is it mandatory to have the recent pay stubs for the H1 transfer? I have pay stubs prior to Feb 2008.

(2) How to get back my 2 1/2 months salary from the current employer? He stopped answering my phone call and responding to my mails after I have told him that I will be moving to a new Employer.

(3) When I have applied for H1 transfer with the current employer last year, there was a query on my Visa transfer. In replying to that he requested me to sign and fax an agreement which he told that he is suppose to put that in replying the INS query and not for any other purpose. In that aggrement, the salary was mentioned as 55K, but as per the discussion he is paying 75K and this is no where written. So I am scared now that he will use this for escaping from paying the money.

(4) There are other sufferers (employees) with him like me. Is there any way that others also benifited like getting the salary on time etc.,

Any help would be highely appreciated.

Thanks
Seshu

[txh1b]

1. Depending on your state, employer is mandated to provide you a statement of deductions from every statement as per the law. Check your state labor department. As an alternative, tell your employer to stop direct deposit and send you physical checks. Employers are required as per state law to pay an employee within 2-4 weeks since services were provided. Check with your state DOL.
2. He has to pay you. If he doesnt, send him a written notice. Save all comminications, Look up DOL WH4 form and complain to federal DOL as well as state DOL. He has to pay you. Do not talk on the phone. Write emails in such a way that the person has to respond or will result in acceptance of what you are saying. An example would be,

"I have contacted you by email and phone on XYZ regarding the pay and you have failed to pay me for 2.5 months for period worked between DDMMYY and DDMMYY. I have submitted the timesheets and required documents for payment. If I do not hear a response for my email within 24-48 hrs, I will consider that you are not interested in paying me for the period worked and it is against the state a labor and federal labor laws. I will seek assistance from these departments if I do not hear and you refrain from paying me for my services.

All these emails will help you build a stronger case for a trasnfer. Detail every allegation clearly in email, write the same thing and send it by certified mail.

3. If you get involved in such false and under the table practices, this is how it will bite back. A lesson learned I guess to not support tax evasion from the crooks.

4. Look up WH4 from US DOL.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[Seshu_naidu]

H1 transfer & Pay stubs

Thank you Mr. txh1b. Reagarding the first point. Are the old pay stubs not sufficient for the transfer? Is recent paystbs mandatory? I have requested my current employer to send in both phone and mail. He never said no in the phone, but he never replied to my mails so far.

[txh1b]

No....Yes....Complain to DOL on a WH4 form with proof of timesheets submitted, emails sent and any other information you have.

[knowledgeable]

You need to ....

... make detailed notes of each and every communique. If you have talked on phone, write down the number, date & time.

These hold up very well with the authorities as well as in court.

Good luck.

[Seshu_naidu]

Pay stubs - H1 transfer

The problem is my H1 is not yet transferred by my new employer. If I go aggressive with the current employer like sending notice and etc., I am getting scared because it may cause an adverse effect such as he is revoking my H1 etc.,

So advice me some thing like getting an alternate informaton from different sources. For example if employer is not sending the W2 form, then we can apply for form 4852. So is there any alternative thing for pay stub also.

I am pretty sure that he is not going to send the pay stubs as I have called him several times and sent several mails for the same so far.

Please suggest me some thing thru which I can come out of this situation.

[txh1b]

Your trasnfer can be applied and then go complain against the employer. But your transfer will not go through without the paystubs.

You are in a catch 22. Find a new employer, complain to DOL. If USCIS asks for paystubs, you can produce prrof of complain to DOL etc and may be they would have paid you by then. This is the only way for things to work.