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  #1 (permalink)  
Old 03-31-2008, 04:10 PM
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Default H1B Transfer Issue: Getting salary regulary but salary slip after three months

I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
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  #2 (permalink)  
Old 03-31-2008, 04:41 PM
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I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?

Last edited by whitecollarslave; 03-31-2008 at 04:46 PM.
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  #3 (permalink)  
Old 03-31-2008, 07:39 PM
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I do not think it is a normal scenario. A lot of my friends work for in the software industry. There are generally no delays in getting a paystub if salary is deposited regularly.

Please ask your employer to be more prompt at providing pay stubs as you need those for everything that requires income proof.
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  #4 (permalink)  
Old 04-02-2008, 01:22 PM
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hi dhundhun,

this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.

in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.

Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
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  #5 (permalink)  
Old 04-02-2008, 01:37 PM
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Quote:
Originally Posted by Dhundhun View Post
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.

Last edited by wellwisher02; 04-02-2008 at 01:40 PM.
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  #6 (permalink)  
Old 04-02-2008, 01:39 PM
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Paystub is really required document in tax law.
These are normally state subject and are guided and monitored by state labor law departments.
Employers don't have a choice of deciding their own period of giving you paystubs.
So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

http://www.laboremploymentlawblog.co...essential.html

If you don't get any response, 2 options:
1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

Put his name on the boards annonymously..

Last edited by zCool; 04-02-2008 at 01:41 PM.
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  #7 (permalink)  
Old 04-02-2008, 03:15 PM
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Quote:
Originally Posted by Dhundhun View Post
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.

I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.
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  #8 (permalink)  
Old 07-23-2010, 09:45 AM
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Default SaiSravan

Hi

Am in the same situation with my employer

He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.

Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.


and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.


Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
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  #9 (permalink)  
Old 10-20-2010, 11:41 PM
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tiredofh1bfraud is on a distinguished road
Question anyone knows delasoft

does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
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  #10 (permalink)  
Old 10-20-2010, 11:57 PM
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Quote:
Originally Posted by tiredofh1bfraud View Post
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
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