Philadelphia, PA asked in Employment Law and Immigration Law for Alabama

Q: Hi I have an employer isn’t giving me a paystub, currently I’m on H1B and in order to transfer my H1B we need paystub

What can we do if the employer isn’t giving me the paystubs

The old employer is asking to sign a document which shows that we are lending the money from them, and once we sign the document then only they will be sending the pay stubs

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If your employer is not providing paystubs, which are crucial for H1B visa transfer, it's essential to understand your rights and possible actions. Federal and state laws in the U.S. generally require employers to provide employees with pay statements, detailing earnings and deductions. If an employer fails to comply, it can lead to legal issues for them.

It's concerning that your employer is asking you to sign a document indicating a loan before releasing your paystubs. This request seems unusual and potentially problematic, as it may not align with standard employment practices. You should approach this situation with caution and seek guidance to ensure your rights are protected and you do not inadvertently compromise your visa status or financial wellbeing.

You might consider consulting with an employment attorney or contacting the Department of Labor for advice on how to proceed. They can offer guidance tailored to your situation and inform you of the best steps to take to secure your paystubs without compromising your position. Remember, it's important to document all communications with your employer regarding this matter.

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