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No Pay Check and laid off on H1B

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  • No Pay Check and laid off on H1B

    I was on h1b with a consulting company. My employer (desi consultant) laid me off saying they are doing some restructuring of the company. They also told me that they will give me last 3 pay stubs (even though I was not on project). I downloaded the pay stubs online as they told me to do, but I never received any pay check. I mean the pay check numbers are listed on the pay stub but I didn't have pay check. Now I have got my H1B transfer filed with the new employer and already received the receipt but waiting for approval.

    What should be the best way I should take and ask my employer to send me the pay checks for last 3 month?(as the check numbers are listed on my pay stubs online)

    Do I also have the right to ask them to book a one way ticket to India for me too?

  • #2
    Complain to DOL. Look up WH4 form if they just created pay stubs and kept the checks.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      They must give you a ticket home.

      Do not accept the paystubs. It is TAX FRAUD. You will never be able to overcome that when it is discovered. The IRS is a lot less forgiving than ICE/USCIS/DHS.

      Complain to the DOL. I am also tempted to say complain to the FBI and IRS.

      If your new employer is another consultant, you are likely to continue to be unemployed due to the US economy.