H1B transfer and current employer not sharing I94 copy, pay stub

[pranavpatil]

Hi , 

Need help for below scenario.

H1B approved till Feb 2021. Client terminated contract in June 2019. Employer not paying after that. I found new job and  new company is preparing documentation for H1B. My current employer did not give me pay stub though he paid me on time thru direct bank transfer. he gave me I797A but looks like intentionally erased I94 number and Receipt number from approval notice.  Employer asking to  resign with  resignation date in June 2019  ( Past date). Then only he will give release letter, Pay stub and H1B approval hard copy. 

Doubt

1. Can I use I797C and H1B approval screenshot for H1B transfer?

2. Can I use bank statement to show I was in Status till June 2019. 

 

Looking for help. 

Thanks,

Pranav.

[JoeF]

In most states the employer has to provide pay stubs. Discuss your situation with a labor lawyer and an Immigranten lawyer, and file form WH4 if appropriate.