I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?

[sgarg60]

Hello ,

I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and he is just saying I will give it but he is not giving me a clear indication of when. If he don’t give me a pay stub, what is the best option for me to move to a new employer and what legal action I can take against him.

 

Any kind of input will be appreciated.

 

Thanks

[JoeF]

The employer has to pay you for real, including providing pay stubs, even if you don't have a project. It actually is in the employer's best interest to get you a project.

If the employer doesn't pay you file a complaint with DOL on form WH4. That also helps with getting a transfer approved.

[Attorney_24]

If you were not working, then you have not been maintaining valid H-1B status. The new employer will have to file your H-1B Petition for Consular Processing. If you were actually working but your employer refuses to pay wages, then you can file a complaint with the Department of Labor.