H1B W2 & Paystubs

[Jaggs]

Hi,

Can Someone give me suggestion on how to proceed further? My situation:

Worked on H1B until Oct 15th 2012 with my previous employer on H1B. He is not giving me my last 2 months (Sep&Oct) paychecks and I had to file a complaint with IRS to get even my W2.

However, the W2 does not contain my last 2 months pay as employer says that he did not run payroll for that time. He says he will pay that amount in 2013 when he receives payment from the client.

Is it even legal? What can I do in this situation to get paychecks and to file taxes?

Thanks.

[SameerH1Bworker]

You should file WH-4 in DOL for back wages withhold. No matter employer received money from client or not, employer must pay H1B employee every month.

[JoeF]

If the employer did or didn't get money from the client is irrelevant for your salary. You absolutely need to get paid.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

[rahul412]

However, the W2 does not contain my last 2 months pay as employer says that he did not run payroll for that time. He says he will pay that amount in 2013 when he receives payment from the client.

Is it even legal? What can I do in this situation to get paychecks and to file taxes?

Thanks.

That's completely illegal.

You don't deal with client payments. Your employer is suppose to pay you every month. Even one missing pay-stub will put in trouble.

File a complaint against that employer, this will put you in legal status. Bcos without pay-stub means you are out of status.

[Jaggs]

Thanks for all the inputs, really appreciated. Quick question:

Can my employer pay me 2012 Sep, Oct salary in 2013 and claim that he satisfied legal obligation? I am trying to see my chances of legally taking on my employer on it

[Jaggs]

Thanks for all the inputs, really appreciated. Quick question:

Can my employer pay me 2012 Sep, Oct salary in 2013 and claim that he satisfied legal obligation? I am trying to see my chances of legally taking on my employer on it.

[rahul412]

Thanks for all the inputs, really appreciated. Quick question:

Can my employer pay me 2012 Sep, Oct salary in 2013 and claim that he satisfied legal obligation? I am trying to see my chances of legally taking on my employer on it

But still you need to file a complaint. Not getting paid monthly is not accepted under H1.

If you don't file a complaint, you will be in trouble in future.

[wiweq]

Don't rely on your employer's promise. Visit DOL website of you state and file WH4 asap. If your employer is proved guilty they will be banned for filing H1b, GC for one year. To avoid this your employer may offer you a fat check. Don't miss this golden opportunity.