Filing WH4 against employer for not paying on bench

[generalworker]

Hi,

 

I am with a desi consulting employer that has stopped paying from Nov 2015 because I have been on bench. The employer is searching for project, I am looking for a job outside too, but as I don't have recent paystubs, it will be problem to transfer the H1B once I get an offer. So I am thinking of filing WH4 (reporting to DOL). But I can't do that unless I have an offer. So I have few specific questions with respect to this:-

 

 

#1. a) Once I file WH4, exactly what proof do I need to be eligible for H1B transfer without paystub?

     b) How soon can I get that proof? Is the the receipt that I get through online WH4 submission that I need to provide?

     c) Can the new company, releasing me an offer , file H1B through Premimum processing if my WH4 is in process?

 

#2. My I140 is approved through my present employer 3 years back (the priority date is 3 years back). After filing WH4, if the employer is blacklisted as a result of this WH4, will it also affected the status of my approved I140? I mean will my priority date be affected? I know that priority date is portable once I140 is approved, but there is also an exception I read somewhere about saying that it may not be portable if the company is blacklisted. I don't want to lose my priority date.

 

#3. From Jan 2015 to Nov 2015 I have already received more "per annum" money in than in my LCA. Can the employer justify not paying on bench using this argument?

 

#4. I left travelled outside US (to India) for a month in December while on bench (just to visit). So should I still receive paystub for this as per DOL regulations?

 

Thanks