h1b extention query

H

hs73

Registered Users (C)
Hi

I have applied for h1b extention from new company in february 2004 with my wife and daughter. I came to US in march 2003 last year. My old h1b got expire on feb 28th 2004. My old employer didn't gave me enough pay stub of said amount which was specified in the contract. I have got only 3 pay stub of lesser amount from old employer.

Now for h1b extention, they have asked to explain the discrepancy with supporting documents to claryfy that i have not violated any law of h1b.

I have applied for express process.

Can any one help me to find out the best solution out of this.
 
My old employer didn't give me enough pay stub of said amount, which was specified in the contract. I have got only 3-pay stub of lesser amount from old employer.

Now for h1b extension, they have asked to explain the discrepancy with supporting documents to clarify that I have not violated any law of h1b.
----- Go to lawyer and ask your H1b employer why he paid you less than LCA then let the lawyer reply RFE with explanation from the old employer what he says. I hope your past employer violated H1 provision/law/regulation by not paying you salary according to LCA . if you wish you can send complaint against old employer to DOL and you will get your past pending wages
 
Hi

I consulted lawyer, but layer says, he need some proof from my side, that i was not in the fault. but old employer was in the fault. I have no legal proof of any transaction or email that happen between me and my old employer. Lawyer says we need to show my old employer has violted h1b rule. I dont know what to do ? Is there any other way to get out of this problem?
 
Don’t you have any document from the employer signed that you will be paid XYZ amount? Don’t you have the copy of LCA that was filed with H1B? You have pay stubs and the amount may be less on the pay stubs. That is enough proof that employer violated the H1B law
 
I do have copy of LCA and contract stating that i will be paid xyz amount. And i send all of them for h1b transfer. I dont know why they still are asking proof. Apart from that i do not have any other legal document or email proof since i landed USA.
 
Originally posted by hs73
I don't know whey they still are asking proof
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It is their job to verify that you maintained legal status in the US since you landed. It is also their job to verify that you recieved the salary that was indicated in the LCA.
One way of verifying this is by asking for paystubs. The paystubs indicate a period of continuous employment, paystubs and the W2 form confirm the salary you were paid during your period of employment.
Having just the LCA and the contract are not sufficient evidence that you maintained legal status in the US (i.e were continuously employed while you were here).

Ginnu is giving you the correct advice. You want to file a complaint with the DOL against your employer and try to recover your full wages.

Regarding your H1 transfer - unless you/your lawyer/your old employer come up with an acceptable explanation for the lack of paystubs (saying that employer did not give is not sufficient), your transfer application will be considered incomplete.


Originally posted by hs73
I do have copy of LCA and contract stating that i will be paid xyz amount. And i send all of them for h1b transfer. I dont know why they still are asking proof. Apart from that i do not have any other legal document or email proof since i landed USA.
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