Employer didn't provide paystub for last 2 weeks

[AMROCHESTER]

Hi ,

I was on H1B with my previous employer ,my expiry date of my visa with them was 8/20/2015 .They were not ready to extend my Visa if I don't sign offer letter which was less than 20,000$ less then my current package at that time.
Hence I didn't sign and they have not extended my visa.
For last 2 weeks I didn't go to client side for work and submitted time sheet for 0 Billable hours.
Now that employer is not ready to give me patstub which I need to show my my proof of employment till 8/20/2015 with them.
According to H1B rule actually they should have pay me as well.

I am thinking of filing DOL complaint please suggest if should I go ahead.


Thanks,

 

[FlyingRon]

You and your employer are probably acting illegally anyhow. H1B employers are not supposed to be body shopping employees.
Nothwithstanding that, they should be paying you. Did they not pay you? What do you mean they are "not ready?

 

[eerelations]

It's quite possible that OP's employer is not acting as temp agency but rather has clients that need work done in their workplaces. I headed up HR for two software development companies that sold software to other companies, and we sent consultants to their worksites to install/implement the software. And many of these consultants were H1Bs. This was perfectly legal.

OP, your employer can't give you a paystub until it pays you. So you need to be paid before you can ask for a paystub.

 

[cbg]

What is the name of your state?

(not all states require that you receive paystubs)

 

[AMROCHESTER]

Thanks for your responses.I am in Indiana state and my employer head office in Virginia.

Me and my employer were legally working just that I work at client side.

And he is not ready to pay me since I didn't go to work for those 2 week at client side,for which I have submitted 0 billable hours time sheet from my client.

 

[Zigner]

Thanks for your responses.I am in Indiana state and my employer head office in Virginia.

Me and my employer were legally working just that I work at client side.

And he is not ready to pay me since I didn't go to work for those 2 week at client side,for which I have submitted 0 billable hours time sheet from my client.

Why would he give you a pay stub if you didn't earn any wages?

 

[AMROCHESTER]

Why would he give you a pay stub if you didn't earn any wages?

Because I am on H1B and still I was company's employee.Also I can take leave whenever I want.
Also just 10 days before expiry of my Visa if employer ask to sign new offer letter which is 20,000$ less then current I regard it as blackmail and that's why I didn't want to client side.

 

[Zigner]

Because I am on H1B and still I was company's employee.Also I can take leave whenever I want.
Also just 10 days before expiry of my Visa if employer ask to sign new offer letter which is 20,000$ less then current I regard it as blackmail and that's why I didn't want to client side.

You CHOSE not to do the assignment you were given. If you don't work, you don't get paid. It really is that simple.

 

[AMROCHESTER]

You CHOSE not to do the assignment you were given. If you don't work, you don't get paid. It really is that simple.

I am not sure so far I know according to H1B rules , until and unless employer don't terminate employer should pay employee according to LCA.

 

[Zigner]

I am not sure so far I know according to H1B rules , until and unless employer don't terminate employer should pay employee according to LCA.

What part of your LCA guarantees that you will be paid if you don't work?

 

[eerelations]

Your employer is physically incapable of giving you a paystub for a pay period during which you weren't paid. It's impossible.

 

[FlyingRon]

They're free to lower your salary. You seem to be skimping on the details. As I suspected there is illegal activity on both your part and on the part of your employers. I'd seriously suggest you talk to an immigration attorney prior to committing more immigration fraud. I suspect you will really find yourself with out a visa in a hurry (as you should have never been given an H1B to begin with). It's shenanigans like this that make it difficult for us employers who are making legitimate use of H1B to get work done.

Again, you working at a client "site" billed out is ILLEGAL. That's not what H1B is for.

 

[eerelations]

Well it certainly wasn't illegal for companies to send their H1B employees out to their customers' worksites to install/implement/maintain/repair their products, and then charge the customers for said installation/implementation/maintenance/repair work. Have H1B regulations changed that much in the last couple of years?

 

[AMROCHESTER]

They're free to lower your salary. You seem to be skimping on the details. As I suspected there is illegal activity on both your part and on the part of your employers. I'd seriously suggest you talk to an immigration attorney prior to committing more immigration fraud. I suspect you will really find yourself with out a visa in a hurry (as you should have never been given an H1B to begin with). It's shenanigans like this that make it difficult for us employers who are making legitimate use of H1B to get work done.

Again, you working at a client "site" billed out is ILLEGAL. That's not what H1B is for.

When you don't know the exact situation why do want to give your free unwanted advice.My employer can lower my salary but its not my choice whether I would like to sign new offer letter for visa extension with lower salary or not and I choose not to .But still he has to give me salary till I worked with him whether I am on project or not.

Thanks,

 

[Zigner]

When you don't know the exact situation why do want to give your free unwanted advice.My employer can lower my salary but its not my choice whether I would like to sign new offer letter for visa extension with lower salary or not and I choose not to .But still he has to give me salary till I worked with him whether I am on project or not.

Thanks,

Alrighty then.

(And they say Americans are rude!)