By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I am on H-1B since Oct 1st 2008 and working with my employer at his site. Though he is paying me in cash and kind he is not running a payroll for me since the inception. Now if I want to move or transfer my H-1 to a different company can I do that without the pay stubs? If so that is great news for me, if not what are the options I have. I would really appreciate your help in this matter.
Spar & Bernstein: It is illegal for an employer to pay you in cash (or kind) and not deduct payroll taxes. You can transfer. Ask CIS to “forgive” being out of status because this is not your fault. If you want to make your case stronger, file a complaint against the employer for non-payment of wages. You can also contact the local WHD of DOL where you are.
The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com
