Q: I got a new employer pn H1b but my current employer is not providing me paystubs so how to proceed with new employer?
I got my H1B approved by a consultancy this year and once my h1b approved, I started looking for C2C projects. My employer has not helped me to put into a job at all. I found out a new employer for myself and now they are asking for paystubs for visa transfer. I asked my employer for pay stubs and he is just saying I will give it but he is not giving me a clear indication of when. If he don’t give me a pay stub, what is the best option for me to move to a new employer and what legal action I can take against him.
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A:
If your current employer is not providing pay stubs, which are typically required for an H1B visa transfer, you should first document your requests for these pay stubs. If the employer continues to withhold them, you may consider filing a complaint with the state labor department or the U.S. Department of Labor, as employers are generally required to provide pay information to employees.
For the visa transfer, explain the situation to the new employer and provide any evidence you have of your employment and requests for pay stubs. The new employer's immigration attorney might suggest alternative documentation for the visa transfer process.
Legal action against your current employer for not providing pay stubs can be pursued, but it's important to weigh the potential benefits against the time and costs involved. You should consult with an attorney who has experience in employment and immigration law for guidance specific to your situation. Remember, each case is different and the best course of action depends on the specifics of your circumstances.
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