I have an H1B visa and approved I140 from company A. My project got over in July 2016. For the past 3 Mths still on the look out for the project and thus has not been paid. Now, Company B is ready to absorb me and initiate the transfer process based on approved I140. My ques is if they ask for latest pay stub ,which I don’t have as was not paid, is there any other document that can be substituted for? What are the risk factors involved in this process. Any chances of my priority date getting changed?
You cannot go without pay when your in H1B. If your company is not paying you, that is illegal. They should be running your pay cycle every month, what so ever. You can report to Department of Labor about it too. If USCIS ever ask for your most recent pay stubs, you will be in soup.
When you are in US on a H1b visa, you are supposed to be paid irrespective of you have project or not. Also it is illegal , since your employer is supposed to pay you when you are in Bench period as well. In this scenario, the better suggestion is to talk to an Attorney. All the Best.