H1B Transfer Issues

[Poorna56]

Here is the situation, Can you please help me to clarify to take it next level.

I work with Company A between August 2021 to till yesterday Nov 15th 2023, There is was so much problem with Employer and me due to payments and they are not paying on time and every month I need to do follow-up, also on everymonth not as paying client billing and holding some money every, 2022 , as per earlier agreement he confirms he will run by end of 2022. or first month of 2023 but accumulated pay is not paid till date. Also, the payslips are not provided from april to till date due some issues from his with adp. I between I took a look loan from them but still my accumulated pay is double than the loan, When I ask accumulated pay he is saying that I need to pay loan first then accumulated pay will be done, I don't have trust now that I got the money if I pay loan first. I got fed-up and lost my patience by asking every time, because of this we get into so much stress, and I sent email last week stated that I'll be stop working if not paid and not provided pay slips also looped vendor. Then immediately got an email your last working is Nov 15th. now he is threatening me that, he will go legally on me for loan which i took from his is not paid. Here are my questions on this situation.

 

1. Can I sue on this company, for not providing the accumulated pay and pay stubs?

2. If I sue this company Am I get into any legal issues?

3. Without payslips can we do transfer from Company A to Company B?

 

[Zodiac System]

Are you on H1b status?   If your employer has not paid you the minimum LCA wages every month you can complain to DOL about him. 

Regarding transfer, check with your new employer if he will transfer with bank account transaction record and W2's in the absence of payslips.

Good Luck.

Edited November 17, 2023 by Zodiac System

[JoeF]

10 hours ago, Zodiac System said:

Are you on H1b status?   If your employer has not paid you the minimum LCA wages every month you can complain to DOL about him. 

Regarding transfer, check with your new employer if he will transfer with bank account transaction record and W2's in the absence of payslips.

Good Luck.

In addition, having a complaint with DOL on form WH4 on file can help with a transfer.