Getting Paid but no Paystub

[Rational1]

Hi All,

 

My wife works for a client through her employer and also a vendor. (EVC). Now the client has offered her a full time and she wants to accept it. She has been on h1 since october 2013 and the current employer gave her pay stubs only for the month of oct, nov and dec and after that he stopped sending the paystubs. Now to transfer h1b to the client I know we need the most recent pay stubs i.e. Jan and Feb. The employer has outright declined to give her the paystubs because he knows we are upto something. He has sent her the paycheck though. 

He has also underpaid her by a big margin for the month of october and november. Do we have a valid complaint to DOL (WH4)? If yes, does this complaint stand as a substitute for the missing pay stubs when we apply for the h1b transfer? 

I assume the acknowledgement for the WH4 complaint is going to take a while? and what happens if he decides to revoke her h1 in the mean time? We have already told him that we will file this complaint if he doesn't send the pay stubs to which he doesn't care to respond. 

 

Appreciate your inputs. 

[jairichi]

Hi All,

 

My wife works for a client through her employer and also a vendor. (EVC). Now the client has offered her a full time and she wants to accept it. She has been on h1 since october 2013 and the current employer gave her pay stubs only for the month of oct, nov and dec and after that he stopped sending the paystubs. Now to transfer h1b to the client I know we need the most recent pay stubs i.e. Jan and Feb. The employer has outright declined to give her the paystubs because he knows we are upto something. He has sent her the paycheck though. 

He has also underpaid her by a big margin for the month of october and november. Do we have a valid complaint to DOL (WH4)? If yes, does this complaint stand as a substitute for the missing pay stubs when we apply for the h1b transfer? 

I assume the acknowledgement for the WH4 complaint is going to take a while? and what happens if he decides to revoke her h1 in the mean time? We have already told him that we will file this complaint if he doesn't send the pay stubs to which he doesn't care to respond. 

 

Appreciate your inputs. 

File a complaint with DOL. Even if employer revokes H1B petition during investigation process there is nothing for your wife to worry about.

[JoeF]

Paystubs are needed, since they show salary and taxes deducted.

[omshiv]

That's the problem with DCCs.

[t75]

If he is doing direct deposit to bank account, you have proof of payment.

 

File complaint. 

[Rational1]

Thanks guys. We have the actual ADP checks (we deposited it electronically via mobile app, hence we still have it with us) which has the company's name and date of payment. He doesn't do a direct deposit. Will that work for the transfer?

[omshiv]

That's the paycheck!! What else did you think a paycheck meant?

[JoeF]

Thanks guys. We have the actual ADP checks (we deposited it electronically via mobile app, hence we still have it with us) which has the company's name and date of payment. He doesn't do a direct deposit. Will that work for the transfer?

Hmm, ADP usually has check and paystub together.

[Rational1]

In this case he has made sure to detach the pay stub from the actual pay check before he mailed it out to us. He gets the paycheck and paystub in is office first and then he mails us the paycheck.

 

@omshiv - pay stub shoes a breakdown of the tax deductions and paycheck does not.

[JoeF]

In most states, you have a right to the paystub. Check with the DOL in the state where the employer is.