H1B RFE Paystubs

[rash12345]

I am working in TCS. I had taken vacation and missed leave reporting form after my vacation because of this October month payslip is not generated. I have RFE now. I have all records correctly. I had submitted till September month paystubs and last year W2 while submitting H1B application.

 

Now for October paystub, what can be done? I will get Novemeber month payslip - which includes Oct +Nov salary and Novemeber month Timeline 1st to 31st Nov.  

 

For October month it will be mentioned as Retro/arrears. What shall I do for RFE submission ?

 

I tried asking HR no use. They said no other option. TCS being big company they don't have option of giving this payslip. I am in mid of H1B transfer to Company B.

 

 

Kindly help.

 

 

 

 

[jairichi]

If you were in US during vacation irrespective of however big your company is you need to be paid on H1B. If you were outside US then you are fine as you can provide immigration stamping from your passport as evidence.

[JoeF]

Were you abroad or in the US on your vacation?

 

On H1 while in the US, you need to get paid. Period. Competent HR knows that, even in big companies. And they have ways to make sure people on H1 get paid according to the law.

If they don't want to do it, file a complaint with DOL on form WH4.

If I remember right, that particular company had some DOL action against them some time back. A letter from DOL is likely to get attention high up.

[jairichi]

 

If I remember right, that particular company had some DOL action against them some time back. A letter from DOL is likely to get attention high up.

Didn't they end up paying millions in penalty/fine to US government?

[JoeF]

Didn't they end up paying millions in penalty/fine to US government?

 

Yes.

So, if there is a complaint letter coming in from DOL, I'm sure that will get the attention of top management nowadays...

The HR people would get chewed out... Which seems to be what they need.

The OP has to get paid, period.

[rash12345]

Thanks for the reply.

 

I returned from vacation and didn't apply my leave reporting form. Because of this my payslip was not generated. But I will get paid for october along with November salary together. In that for october salary will be mentioned as "retro"  and nov salery as just normal salarybut timelines will Nov 1 st to 31 st.

 

1. Now for RFE I need to submit my paystubs. Will it be enough to submit Sep , Nov paystubs and explain in letter the status of October - which shows double salary in Nov payslip and E-mail from TCS - HR will help my case ? Kindly help.

 

2. Shall I wait for Dec payslip to arrive. Shall I submit Nov and Dec payslips for RFE documents ? will 2 payslips will be enough ?

 

Please help me in both 1 and 2 cases.

[rash12345]

Shall I join company B and then produce November paystub of Company A + paystub of Company B for H1b RFE transfer to company B ?

[JoeF]

Thanks for the reply.

 

I returned from vacation and didn't apply my leave reporting form.

 

Whatever that form is, it is something internal to your employer. We don't even know what that form is or means.

Regardless of some internal form, you have to get paid, by LAW. The law overrides any internal document requirements.

Tell HR that the law requires that you get paid no less than monthly. 20 CFR 655.731.

[rash12345]

Nov month contains October salary as retro and company will pay me. Shall I need to explain USCIS that Nov payslip contains both Oct and Nov ? 

 

 

I understand I need to file a complaint against my employer if and only if they don't pay me. But they will be paying me in this Novemeber month ... with October salary as retro.

 

Will this be ok ? Does USCIS understands the retro in the payslip ?

[JoeF]

Nov month contains October salary as retro and company will pay me. Shall I need to explain USCIS that Nov payslip contains both Oct and Nov ? 

 

 

I understand I need to file a complaint against my employer if and only if they don't pay me. But they will be paying me in this Novemeber month ... with October salary as retro.

 

Will this be ok ? Does USCIS understands the retro in the payslip ?

 

They are required to pay you no less than monthly. If they don't do that (retro pay doesn't count), then you are out of status, i.e., illegal.

You still don't seem to get that this stuff is severe. You need to get paid monthly. Period.

[jairichi]

Nov month contains October salary as retro and company will pay me. Shall I need to explain USCIS that Nov payslip contains both Oct and Nov ? 

 

 

I understand I need to file a complaint against my employer if and only if they don't pay me. But they will be paying me in this Novemeber month ... with October salary as retro.

 

Will this be ok ? Does USCIS understands the retro in the payslip ?

What you say is like an employer fails to pay an employee salary for 6 months and when employee threatens of consequences employer pays up all in one go. In the eyes of USCIS it is still a violation of immigration rule. Talk to a good attorney.