jkag Posted June 16, 2015 Report Posted June 16, 2015 I am paid monthly and my employer is giving my Paystubs with a 45 day delay. Meaning, I will be getting my April Paystub on June 15th. If I initiate a H1B-Transfer today(June 15th), Can I apply with April month Paystub? (May Paystub would be missing but I would have April and earlier Paystubs)
jairichi Posted June 16, 2015 Report Posted June 16, 2015 Why is there a delay to give you pay stubs on time? Without latest pay stubs your H1B might get approved without I94.
JoeF Posted June 16, 2015 Report Posted June 16, 2015 I think this 45-day delay may be illegal. You should discuss your situation with a good immigration lawyer.
jkag Posted June 16, 2015 Author Report Posted June 16, 2015 @jarichi, @JoeF Thanks for taking the time to answer my question. @jarichi, I am employed with Company A who is a vendor for Company B who is a vendor for Company C. Company C is the actual client I work at. My employer ( Company A) says my pay is delayed because of paper work involved with these different layers.
jairichi Posted June 16, 2015 Report Posted June 16, 2015 @jarichi, @JoeF Thanks for taking the time to answer my question. @jarichi, I am employed with Company A who is a vendor for Company B who is a vendor for Company C. Company C is the actual client I work at. My employer ( Company A) says my pay is delayed because of paper work involved with these different layers. That is illegal like JoeF said. You need to file a complaint against employer with DOL. Whether employer is paid by client or not you need to get your salary on time.
rahul412 Posted June 16, 2015 Report Posted June 16, 2015 But you get paid by your employer, if vendor is not paying your employer on time that's not your problem. Better to find another employer, its obvious that this employer will not pay you when you are on bench bcos he doesn't have any money.
JoeF Posted June 16, 2015 Report Posted June 16, 2015 @jarichi, @JoeF Thanks for taking the time to answer my question. @jarichi, I am employed with Company A who is a vendor for Company B who is a vendor for Company C. Company C is the actual client I work at. My employer ( Company A) says my pay is delayed because of paper work involved with these different layers. That is not an excuse. Company A has to pay you according to the law, not delay things because of some issues with their clients.
jkag Posted June 17, 2015 Author Report Posted June 17, 2015 @jairichi , @JoeF, @Rahul I wont be able to transfer my H1B to a new employer safely since I wont have the last month paystub due to 45 day delay. I am proceeding to file a complaint with DOL. What if my employer fires me in the meantime? My job at the client side is safe but I am worried if my employer would fire me and revoke my H1B.
rahul412 Posted June 17, 2015 Report Posted June 17, 2015 @jairichi , @JoeF, @Rahul I wont be able to transfer my H1B to a new employer safely since I wont have the last month paystub due to 45 day delay. I am proceeding to file a complaint with DOL. What if my employer fires me in the meantime? My job at the client side is safe but I am worried if my employer would fire me and revoke my H1B. File a complaint and with that complaint file for H1 transfer, your new employer's attorney will take care of it.
jairichi Posted June 17, 2015 Report Posted June 17, 2015 @jairichi , @JoeF, @Rahul I wont be able to transfer my H1B to a new employer safely since I wont have the last month paystub due to 45 day delay. I am proceeding to file a complaint with DOL. What if my employer fires me in the meantime? My job at the client side is safe but I am worried if my employer would fire me and revoke my H1B. If your issue is genuine then DOL will help you make that H1B transfer. First get in touch with a good immigration attorney. Alternatively if you proceed with a H1B transfer without the latest pay stubs your H1B transfer might get approved without an I94. In that case you will need to exit and enter US with a valid H1B visa and I797.
jkag Posted June 18, 2015 Author Report Posted June 18, 2015 @rahul412, @jairichi Thanks for your help. I am filing a complaint with DOL and starting to look for a new employer.I will also reach out to a immigration lawyer. I also have emails from the HR explaining they will pay with a 45 day delay. Will let you guys know once I have an update. Thanks !
jairichi Posted June 18, 2015 Report Posted June 18, 2015 @rahul412, @jairichi Thanks for your help. I am filing a complaint with DOL and starting to look for a new employer.I will also reach out to a immigration lawyer. I also have emails from the HR explaining they will pay with a 45 day delay. Will let you guys know once I have an update. Thanks ! Good to know that. You need to stand for your rights on H1B. Update us the outcome. Good luck.
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