H1B transfer without latest paystub 7th year


sh_2103

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Posted

I am on H1B 7 year extension and on same project for more than four years.My consulting company had recently issue over payment with middle vendor.

The middle vendor is getting money from client but not paying my company due to silly fight between them.Bcoz of this my company has stopped paying me for more than 5 months and threatening me to close the client project if middle vendor is not making payment.

Meanwhile middle vendor has offered me for H1 transfer premium but issue I don't have latest paystub.
What are my options to get transfer successful without paystub ,my project is running and is longterm.


If I file DOL complaint my current company will cancel my H1B visa and if transfer is denied I have to go back to India.Is there any way I file DOL complaint my company should not know until H1B get transferred.
In dilemma,Need suggestion urgently

Posted

Meanwhile middle vendor has offered me for H1 transfer premium but issue I don't have latest paystub.

What are my options to get transfer successful without paystub ,my project is running and is longterm.

If I file DOL complaint my current company will cancel my H1B visa and if transfer is denied I have to go back to India.Is there any way I file DOL complaint my company should not know until H1B get transferred.

In dilemma,Need suggestion urgently

Firstly, your employer has to pay you not the vendor. File a complaint at DOL.

Secondly, if that fraud employer revokes your H1, you have an another job offer and they can file H1 with your complaint to prove that you didn't break any H1 rule.

 

Finally, since filing the complaint is the only solution find another employer ASAP and file your new H1.

  • 8 months later...
Posted

You can call DOL (hours and wedge department)where your employer is located.

They will issue you a letter after you file complaint and it is valid.Preparing your case filling WH4 form and attaching offer letter,LCA,pay stubs,time sheets,email communication with employers,tracking record of events in past 5 months.

You can complain anonymously but DOL will issue you letter with your name which is useful for H1b transfer.

Usually DOL will start investigating matter after issuing you letter but you confirm with them.

There is no way out.Act smartly.

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