Big help needed

R

req_info_useful

Registered Users (C)
Hi,

I've been working for Company A for the last 3 months but he paid me only for one month and even that is less than whats there in my H1B petition. Company A sponsored my H1B and this is my first job on H1B. Note that I was not on beach even for a single day during the last 3 months. They are just taking money from client, but not paying me.
Now, I want to leave company A and join company B.
Can someone address following for me:
1) Could there be a problem during my H1B transfer to the company B because I have only one paystub from Company A which has an amount less than LCA and no paystubs for two months.
2) I'm sure company A will not give my exit letter, can that be a problem in future?
3) Is there a way for me to force him to run my paystub for the last two months? I mean, can I escalate this issue to someone in immigration? Can it have a negative impact on my immigration future?
4) Do I have any legal options to force company A to pay what I deserve?

Big thanks to anyone who addresses these concerns for me.
 
It is illegal for the company not to pay you when you are H1-B. You can complain about it but that does not help your condition when you change employer.
If another employer is ready to offer you employment, your visa approval notice will probably come without new I-94 since you donot have all paystubs. You will have to travel out of country and get a new I-94 at port of entry
 
req_info_useful said:
Hi,

I've been working for Company A for the last 3 months but he paid me only for one month and even that is less than whats there in my H1B petition. Company A sponsored my H1B and this is my first job on H1B. Note that I was not on beach even for a single day during the last 3 months. They are just taking money from client, but not paying me.
Now, I want to leave company A and join company B.
Can someone address following for me:
1) Could there be a problem during my H1B transfer to the company B because I have only one paystub from Company A which has an amount less than LCA and no paystubs for two months.

NO. But you have to tell company B attorney to mention the fact that company A is not paying so you are switching the company in bold letters.
2) I'm sure company A will not give my exit letter, can that be a problem in future? No need of any exit letter from previous employer.
Once company B filed your H1 b petition, you can call DOL and complaint about not paying your pay, by way you are safeguarding yourself and if INS ask you to produce the pay stub then you can refer the complaint you made to DOL.
3) Is there a way for me to force him to run my paystub for the last two months? I mean, can I escalate this issue to someone in immigration? Can it have a negative impact on my immigration future? Read above
4) Do I have any legal options to force company A to pay what I deserve? Yes, compaint to DOL first and inform INS once you filed your H1b transfer to company B. But do not do before the transfer application is with INS

Big thanks to anyone who addresses these concerns for me.
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