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Arnab Sen

Employer doesn't pay salary - provided erroneous paystub

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Hi

I recently moved from L1A to H1B with a different company (I-94 date is 26th July).  It has been one month and 14 days from the date of I-94, but my employer hasn't paid me yet.  He has given me a paystub that has error in it (wrong state withholding) for the period of August 1 - 31.  I have an LCA, W4 and offer letter to show.

My question is: when will I be out of status if he continues not to pay me.  And if he doesn't pay me, what options do I have to report him to USCIS or any other legal step.  And if I take any step, will that get me into any trouble visa wise?

Thanks

Arnab

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On H1 you need to get paid all the time. If you don't get paid you need to file a complaint with DOL on form WH4. The DOL will make the employer pay you.

You also should start looking for a better employer, one who isn't a fraud.

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