Not getting paystubs for last two months. Can I report to INS?

M

mthiruna

New Member
As my employer hasn\'t been sending my paystubs for the last two months. I intend to report to INS. I would like to know how this will effect me. As I dont have paystubs I am unable to transfer to another company. Suggest me the best way to get my H1b transfered.
 
Yes, you can report it to INS

Speak to an attorney before you do anything. If you are working and employed, the company\'s failure to pay you is clearly illegal but if you have been terminated (or if there is any way that the company can claim that you were terminated) you may have a bigger problem. The company will (probably) still be on the hook to pay you until the visa is cancelled but you will have a much more difficult time of it.

Jim
 
If you report:

Then following will happen to you:
Forget about the copmany, they have lawyear and they will survive or may be they will pay some money to you. You will have to face bigger trouble. INS will deport you after company fired you. Decide.
 
That\'s called "retaliatory discharge"

Your attorney would then add this to the claim. At will employment permits your termination for any legal reason. I don\'t think retaliation against you for filing a claim for wages that were illegally withheld would be considered a legal reason.

A company that is not able to pay the wages that they are legally obligated to pay may not survive and may be forced to take refuge in the Title 11 (Bankrupcy law)

Jim
 
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