Help regarding H1B Transfer without paystubs

[dellcnu]

Hi,
Came to USA in Aug 2008. I797 is valid upto Sep 2010. Wife is on H4B with me in US. Problem is my employer is closing the company and I still dont have a job and dint get a single payslip till now. I am ready to transfer H1B but dont have payslips. When calling employer he says company is under audit I cant do anything. How to take my situation from here. I am expecting a baby in June. How to transfer my H1B? Please advice.

[cncd1]

You likely have no health insurance; the costs of a normal, uncompliated delivery are running $10,00-20,000; a complicated delivery will cost much more. As an H1B visa holder, you are assumed to be a highly paid worker who should be able to afford the costs. How is your wife receving pre-natal care?

In addition, you have been here for 5 months with no employment; your skills are likely not in demand currently. The number of unemployed US citizens is so greatr and the costs and time to process your visa place you at a great disadvantage for getting a job with a "real" employer who can pay you. Working for another fraud consulting comany will do notheing but make your situation worse.

Given your situation, you and your wife need to return to your home country immediately. Any job you obtain will require you to so so. You are out of status, and any job you obtain an approval notice for will require consular processing - i.e. you leave the US and reenter.

Once you return home and you have the baby, find a new "real" employer to file a new petition not under cap. You and your family can then reenter.

Immediately file a complaint with the DOL for back wages. I suspect your employer has been reported for other for nonpayment of wages so get your claim in immediately. Hopefully, you will receive something for your time in the US.

[contact 01]

Don't lose your hope. First make a complaint to DOL for your back wages. According to DOL, it is a mandatory rule that employer should should pay the alien during bench period. Second look for new employer for H-1B transfer and their company attorney will take care of everything.

Always think positive, everything will be successful.

Note: This is not a legal advice, please consult an attorney