Employer Explotiing - No pay no paystubs!! Help!!!!

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I am working for a consulting company on an H1, The company hasn't paid me for the past 4 months and haven't given me paystubs for the past 5+ months. The Client though is regulary paying the company. I was told by an attorney that i couldnt file for tranfer of H1 because I donot have paystubs... Please advise how to proceed.. IS it possible to change to h4 dependent on my spouse or will that also require paystubs to prove status????
Please advise...... Urgently....
Thanks....
 
I don't think to change your status status to H4 INS will ask your pay stubs. They will ask your wife's paystubs because you will be dependent on her.
 
Paystubs may be needed

As far as my knowledge goes if you for change od Status from H1 to H4 you might be asked to provide paystubs to prove your previous H1 status but you might be lucky to escape. Try applying without paystubs, you can reply to RFE if raised or if you are lucky you might get a H4.
If you have a project you could try transferring to another Desi company and apply for H1, you will get a H1 with I-94 if lucky or a H1 without i-94 in which case you might have to go to India for stamping after approval.
Try H1 transfer first before H4 if it is feasible.
 
1. I have a project --- and its a long term so will continue until next year defuinitely...but I cant continue to work without getting paid...
2. Will it help filing a complain with DOL, can the company revoke the H1??
3. Will getting proof of Client paying the invoices to the Company for my services serve as a proof of being in working status???

Thank you all for your feedbacks...
 
Options

Since you have a billable project, you might find number of desi companies willing to transfer H1. If you could get your client talk to any of the desi companies willing to transfer H1, apply through premium processing and if your alucky you will get a H1 transferred to the new company and will et paid for the whole of project duration. Act fast.
 
There is no issue with the Client, Sine Client very well understands the situtaion and is willing to work with me.... but the issue remains:
1. H1 tranfer is impossible without paystubs,
2. How to retrieve the money for the work I've already performed... and its a lot...for the past 4+ months???
 
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Re

Reg already worked days you have to manage with your current employer. Get a company sponsor for your H1 ASAP and get the billing diverted to the new company that way you wont be working for free for your current employer further, you have worked enough period for free.

You can report to DOL about your current employer but it may be a delayed process. Make sure your are safe by applying for H1 thru premium processing and getting a fast approval. Once you are safe witha legal status approach DOL that way you wont be risking your position.

Yes you could get a H1 transfer without paystubs also.

In the worst case you wont get your I-94 attached. I got my H1 transferred without paystubs for 10 months. I know some other people also who got them, I and some of my friends got i-94 attached and some did not.

If you get your H1 approval without i-94 you might have to go to your home country for stamping. A good attorney should get you through. Try premium processing
 
Attorney

Thanks.... for your resposnes...

Can you recommend a good Atttorney?
...the guy I contacted is a famous Immi Attorney and he was the one who told me its impossible....

Thanks in advance...
 
Attorney

Depends on which area you are from, you might want a local attorney to process your case. I processed my case from Washington DC area and the attorney though scared me initially he got my case through. If you are in the washington DC area, let me know I could recommend you his name.
 
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