Issue with my Employer

[sandan]

Hi,

 

 I got my H1b approved last October, how ever my employer i not helping me finding any jobs. I found one after 5 months with great difficulty. Now i want to transfer my H1 to a better employer. I would like to know whether the following is possible ;

 

1) can we transfer H1B with out pay stubs. is it possible ?

2) Can we run back dated payroll for at least 3 months.

 

Please suggest me quickly as i am in big problem.

 

Thanks

[hightech]

If your employer not paying complaint to DOL.

 

1) No if you don't have payroll for 3 months will be out of status in this country.

2) Talk to your employer will pay you.

[jairichi]

Hi,

 

 I got my H1b approved last October, how ever my employer i not helping me finding any jobs. I found one after 5 months with great difficulty. Now i want to transfer my H1 to a better employer. I would like to know whether the following is possible ;

 

1) can we transfer H1B with out pay stubs. is it possible ?

2) Can we run back dated payroll for at least 3 months.

 

Please suggest me quickly as i am in big problem.

 

Thanks

You are out of status from October. You need to file complaint against employer with DOL.

1. No.

2. No. That is fraud.

[JoeF]

Hi,

 

 I got my H1b approved last October, how ever my employer i not helping me finding any jobs. I found one after 5 months with great difficulty. Now i want to transfer my H1 to a better employer. I would like to know whether the following is possible ;

 

1) can we transfer H1B with out pay stubs. is it possible ?

2) Can we run back dated payroll for at least 3 months.

 

Please suggest me quickly as i am in big problem.

 

Thanks

You HAVE a job, with your employer.

You need to get paid, even if you are on bench with no project. That's the law, and the employer knows it.

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

And find a better employer.

[rahul412]

Hi,

 

 I got my H1b approved last October, how ever my employer i not helping me finding any jobs. I found one after 5 months with great difficulty. Now i want to transfer my H1 to a better employer. I would like to know whether the following is possible ;

 

1) can we transfer H1B with out pay stubs. is it possible ?

2) Can we run back dated payroll for at least 3 months.

 

Please suggest me quickly as i am in big problem.

 

Thanks

Dude, just simple file a complaint against your employer and you are good to go.

[t75]

Why are you just now worrying about this? You wanted to be in the US so much that you violated US laws.

[Buckeye_OH]

Unfortunately, due to cases like these (the so called Indian body shops) getting picked in the H-1B lottery and then not able find 'projects', a lot of deserving individuals get penalized. For some reason, people on H-1B think that they can act like independent contractors, but in reality you have to be employed FULL-TIME by an employer, irrespective of whether that employer can find you 'projects' or not! Now suddenly when the OP was able to find a 'project', the violation of the H-1B employment laws has become a 'big problem'. There are ways to get over this by sending a complaint to the DOL, etc., but it is because of employers like this that the H-1B visa will continue to be abused.

 

I hope DOL/USCIS find ways to reject these kind of employers out-right in the future!

[omshiv]

Unfortunately, due to cases like these (the so called Indian body shops) getting picked in the H-1B lottery and then not able find 'projects', a lot of deserving individuals get penalized. For some reason, people on H-1B think that they can act like independent contractors, but in reality you have to be employed FULL-TIME by an employer, irrespective of whether that employer can find you 'projects' or not! Now suddenly when the OP was able to find a 'project', the violation of the H-1B employment laws has become a 'big problem'. There are ways to get over this by sending a complaint to the DOL, etc., but it is because of employers like this that the H-1B visa will continue to be abused.

 

I hope DOL/USCIS find ways to reject these kind of employers out-right in the future!

 

True. Its mainly the desi employers who are cheating their desi employees...desi employees turn a blind eye because they keep to maintain their H1B and their employers process their GC by taking money from desi employees. Unless all these employees complain to the DOL..there wont be much changes.