Rational1 Posted March 22, 2014 Report Share Posted March 22, 2014 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. Link to comment
jairichi Posted March 22, 2014 Report Share Posted March 22, 2014 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. Link to comment
JoeF Posted March 22, 2014 Report Share Posted March 22, 2014 Paystubs are needed, since they show salary and taxes deducted. Link to comment
omshiv Posted March 22, 2014 Report Share Posted March 22, 2014 That's the problem with DCCs. Link to comment
t75 Posted March 22, 2014 Report Share Posted March 22, 2014 If he is doing direct deposit to bank account, you have proof of payment. File complaint. Link to comment
Rational1 Posted March 22, 2014 Author Report Share Posted March 22, 2014 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? Link to comment
omshiv Posted March 23, 2014 Report Share Posted March 23, 2014 That's the paycheck!! What else did you think a paycheck meant? Link to comment
JoeF Posted March 24, 2014 Report Share Posted March 24, 2014 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. Link to comment
Rational1 Posted March 24, 2014 Author Report Share Posted March 24, 2014 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. Link to comment
JoeF Posted March 24, 2014 Report Share Posted March 24, 2014 In most states, you have a right to the paystub. Check with the DOL in the state where the employer is. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.