H1B Transfer -Employer not running payroll


Anureddy011

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Hello,

I was with company 'A'(Who holds my H1) but lost my job due to some budget issues. So I had 60 days grace period to look for another job and apply for H1B(New rule since Jan 2017) . Luckily I got an offer from a very big firm and also a project through a desi consultancy before 60 days period.The bigger firm wanted some time to apply for my H1B, like 6 weeks. So I had no option than joining Desi consultancy for a while. So that I can legally be on status. Within a month of Desi consultancy filing my H1B transfer petition , the bigger firm also applied for transfer. But I did not have latest pay stubs(Paystubs from desi consultancy for a month that i worked with them, as they were not generated).So the bigger firm filed petition without the latest Pay stubs. But I will be getting request for evidence to submit my paystubs for the period employed by Desi consultancy. But now this desi consultancy is not even running my payroll. So I do not have paychecks.  I do not know the reason why he is not running it. And also He screwed up the project which I got initially also by trying to bypass the middle vendor. So I don't even have a project with this desi consultancy. So chances of approval of my H1B through desi consultancy is very minimal. I will be joining the bigger firm with the receipt. And I am going to file a department of labor complaint against the desi employer to get my pay roll and pay stubs. I will be using that DOL complaint letter for RFE if things get worst. I have no other option left. I am just trying my level best to make things work for me. 

I wanted to check if there is anything else that I can do to get my pay roll running through this desi consultancy?

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  • 2 weeks later...
On 7/12/2017 at 0:04 PM, Anureddy011 said:

Hello,

I was with company 'A'(Who holds my H1) but lost my job due to some budget issues. So I had 60 days grace period to look for another job and apply for H1B(New rule since Jan 2017) . Luckily I got an offer from a very big firm and also a project through a desi consultancy before 60 days period.The bigger firm wanted some time to apply for my H1B, like 6 weeks. So I had no option than joining Desi consultancy for a while. So that I can legally be on status. Within a month of Desi consultancy filing my H1B transfer petition , the bigger firm also applied for transfer. But I did not have latest pay stubs(Paystubs from desi consultancy for a month that i worked with them, as they were not generated).So the bigger firm filed petition without the latest Pay stubs. But I will be getting request for evidence to submit my paystubs for the period employed by Desi consultancy. But now this desi consultancy is not even running my payroll. So I do not have paychecks.  I do not know the reason why he is not running it. And also He screwed up the project which I got initially also by trying to bypass the middle vendor. So I don't even have a project with this desi consultancy. So chances of approval of my H1B through desi consultancy is very minimal. I will be joining the bigger firm with the receipt. And I am going to file a department of labor complaint against the desi employer to get my pay roll and pay stubs. I will be using that DOL complaint letter for RFE if things get worst. I have no other option left. I am just trying my level best to make things work for me. 

I wanted to check if there is anything else that I can do to get my pay roll running through this desi consultancy?

You are on right track.  Go for it.

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