H1B transfer (previous employer did not generate paystubs)

[Syed2012]

Please Help,

I filed for H1B transfer to my current employer but got an rfe requesting for paystubs from previous employer. The problem is that my previous employer did not pay me for 3 months, this was the main reason to transfer to a different employer.

My previous employer closed shop defaulted a bunch of other people and cannot be contacted.

What is the best action to take now?

Should I take legal action against my previous employer? and will this act as a substitute for my paystubs, since it was not my fault?

Please help!!