H1 B Visa Transfer - Employer Not Paying

[firasatahmed]

Hello Everyone,

I request people to share there experiences and suggestions for my case please. I will be doing my H1 transfer. There is gap of about 1 and half month of pay. I am requesting my employer to give me the pay stub for that month so that my transfer will be smooth,but he is not willing to do so. Can someone please please answer my questions.

i) i heard about wh4, can i file it against my employer for the months which he didnt pay? but i wasnt on any client project for that month....can someone point me where is it written that i should be paid even if there is not project.

ithanks.

[sk4ih]

Labor rules say that employer has to pay employee what is mentioned in LCA.
There is nothing like on project or off project.

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

[shervin143]

It doesn't matter whether you are in a project or not. You need to get paid when you are in H1B. You can file a complaint against the employer and apply for the H1B transfer with a copy of the complaint.

Go through the below links

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

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-hol...ponsibilities/

[firasatahmed]

Thank you so much for your response. But i am confused about how can i prove that i was working with X consultancy. Like till may there were running my pay stubs and my H1 b is still with them only(no one else hold's my H1 B), so USCIS would know that i am with them right? Please clarify. Thanks again.

[shervin143]

Of course they would know.

[firasatahmed]

thanks Shervin. Are you an attorney?

[shervin143]

No.

thanks Shervin. Are you an attorney?