H1-B Transfer - Seeking your views

[srk715]

Hello all viewers,

I have a big trouble with my H1B status. I have been here in US since Dec'2004, an employer (one of my close friend who cheated me now) hired me from India, but til date he has never paid me salary as mentioned inmy LCA/offer letter, I started looking for a diff job and have found one, have received the offer letter also.
I have submitted all my papers to the new company attorney except for the paystubs which I really dont have and my employer says he cannot give it.
My question is... will I still be given a H1 transfer or whether I have to leave US permanently if I dont get my transfer approved.
I dont mind if I have to go back and get stamped from India again, but whether atleast that possibility is still there is my question.

Kindly share your experiences/thoughts.

Thanks
RK

 

[phatakmah]

Difficult

Without pay stubs it would be very hard. Even if you get a transfer receipt initially, you would be in trouble later on and then you wont be having choice to go back to your old company.
I would suggest you to work 2-3 more months with your existing employer and get the paystubs. IF that bastard dont pay you, then you can call DOL at any time and screw that guy. THis was happened to one of my friend. He called DOL and informed them about how his employer is not paying him and DOL literally screwed him. YOu can take this chance.