I am in company A on an H1 visa for the last 10 months. They have not yet given me any pay stubs as yet and my visa expires this december. My bond is till June 2017. I have no clue if they will extend my visa or not. The work I am doing is also not of any good quality. I am basically working in some legacy framework in an outdated technology. I am basically killing my career working here. Not getting any good experience and not getting paid up to mark as well. Its much below industry standard and just about 47$ more than the minimum required for this state. I have 10 years working experience in all and did some moderately good work before I joined this company. I need advise on how to move out from this company which is in a tier 5 city to something better in a tier 2 and above city in the US. What are my options now and what should I do next?
First you need to confirm that you are in valid status. Looks like they pay you the salary but don’t issue payslips. How do you keep track of your taxes?
Bonds are typically not legal. Still get the contract reviewed by a labor attorney to be sure. You can post on avvo where lawyers can respond to your contrary text.
Brush your skills and approach other companies. Get in touch with your network of friends and colleagues. It’s best to get referred to companies through someone you know who works there.
How do I confirm I am in valid status? They have not given me a copy of my employment agreement as well. I was made to sign it when I joined and the president was to sign it after wards and then I was to get the signed copy from them. That never happened. They have not given it as yet and now when I ask them for it, they ask me what I need it for so soon? I have heard people who don’t leave on a good note dont get the first six months pay stubs at all. So technically even if the bond period is done I am afraid I will have to work here longer otherwise they will not give me my initial 6 months pay stubs. Since my visa expires in Dec, I fear they will make me sign another bond to extend the visa for another year.
Can I get a transfer if I explain to the next company that my current company is not giving paystubs but I have been paid by showing my banks statements where direct deposits have been made to my account? Is paystubs the only proof of payment or what is required to show that I am in status?
You are in valid status if you are getting paid as per the LCA. Are you getting paid as per the LCA?
Next, find a good employer and discuss your case w/ their attorney. If they feel that they can successfully get H-1 transferred, then they would go for it. Usually payslips are the best way to show how much you are getting paid as it contains number of hours worked, pre-tax salary, deducted taxes etc. If you submit bank statement, how does it prove that the credits were salary and what was the pre-tax salary. How did you file taxes for 2015? Did the company issue W-2?
Do you have copy of the agreement that you signed or did you not keep any copy for yourself (signed or unsigned)?