Employer not giving Paystub

[alertpersons]

What is the name of your state? NJ

I am on H1B visa. My Employer is not giving me Paystub. Instead he is giving some part of salary and does not pay full salary. The Employer does not pay taxes and does not run Payroll for me. In 2-3 months the Employer runs Payroll for 1 month. What can I do so that I will get my current & previous Paystubs?
I am working on a Project for another company which has corp to corp arrangement with my Employer.
I am adviced that I should report the case to NJ Dept of Labour.
If I report my case to NJ Labour department, and my Employer comes to know this the Employer will cancel my H1B visa. I am OK if the Employer gives all Paystubs and then cancels my visa as I can find another Employer who will sponser me. To transfer H1B, I need 2 to 3 Paystubs.
My question is can I get assurance from the NJ Labour department that unless my Paystubs are given my Employer can not cancel my H1B visa?


Thanks in Advance.

 

[mlane58]

Duplicate Post

 

[ImmigAttyLana]

No, of course not! The NJ DOL will not give you any assurances. Additionally, anything that might happen, if it does, will take a long time. No one is going to rush on anything you may report simply because there are insufficient resources to respond to every such complaint. There are hundreds of employers who do this and are never found out, unfortunately.

If you already have a willing employer to sponsor your H-1B and who you know will pay you etc, then just have that employer submit the petition on your behalf. The worst that will happen is that your petition will be approved for consular processing and not as a transfer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Thanks,
Lana

 

[alertpersons]

Hi Lana,
Thank you very much for your reply.
Can you kindly explain what is the meaning of consular processing and the difference between consular processing and transfer. And will I get H1B visa for my new employer.
How long will this take?

Thanks in Advance.