H1B Transfer - options with no paystubs?

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schnooz

Registered Users (C)
My husband was working at a company for 4 months last year (May 1 to end Aug) - they sponsored him for the H1B but then refused to pay him - each month they would say that the expenses he had at the company (use of secretary, admin etc) outweighed income he was bringing in - after 3 months he got fed up and looked for another job.

He found one and they applied for the H1B under the standard process portability clause end August. He has been working at the new company since then, and last week received an RFE from CIS asking for pay stubs from the old company. Questions:

a) Is there any way he can get the pay stubs this late (as back pay), and if he does can they qualify as response to the RFE?

b) If he cannot get the paystubs, can a complaint filed with DOL suffice for RFE?

c) If the response is considered insufficient, I understand that they may consider him as being out of status for the unpaid period - what are the possible outcomes in this case? Would they approve the H1 but not the visa? Or reject the case? Could he switch to H4 in the meantime?

Urgent help on this matter would be very much appreciated!

Thanks!
 
In absense of paystub, change of stauts within the country is not possible. Even when H1 is approved, the person has to travel outside the country to get visa stamping and new I-94.

If a person is out of status for more than 6 months then a 3 year bar is applied during re-entry to USA.
If out of status of 1 year, a 10 year bar is applied during re-entry.
 
the good way is asked his old company to remove his pay stuff as he want to go to india for family problem m (like mother serious or sick)
and give it to ins or if his company still refuse then u might be in trouble cause u r out of status so just wright a e-mail to company that iU want a pay stuff as you worked for that company for last 4-5 month whaterver it is.(E-mail is a officialproof so please try to communicate with his company in email) and if he is refusing to pay u (As i told you that u are in trouble) then just catch some lawer and tell him that he is not paying u cause of that u r status is in trouble . and he will sue that company as it is mandatory for company to pay with in 30 days of starting period of h1 approval.
as post name of the company to everyvere as he put u in trouble put him in trouble
put it in forum put it in sulekha.com Wherever u can. so that company won't try next time.
or might be it will get affaid and give u u rs pay stuff
 
I know it's been a while but I wanted to give everyone an update of what happened here so others in the same situation may benefit - my husband had formally emailed the company explaining that he needed his back pay and that it was a requirement of the H1B to pay him the minimum stated wage, and immediately received a cheque for the time he had not been paid. We sent this to USCIS with an explanation letter and copy of the email he sent to the company and his application was approved.

I hope this helps those in similar situations - the onus is on the employer to pay you the stated wage on the H1B application.
 
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