Employer change with no I140 and LC documents

[sri_bitla]

Hello All,

Here is my case...

1) Used substitution LC
2) I140 filed and approved 6 months ago
3) I485 filed an year ago and is pending
4) Got EAD and valid until 09/09
5) Currently working on H1B and on H1B status

My problem is that my employer is not paying me salary since three months. He is harassing me a lot since I filed my GC without paying me on time. And now three months salary is pending. So I am seriously considering to change employer. My biggest problem is that I do not have any documents related to labor certification and I140. What I have is I485 receipt notice and EAD. Could any one please tell me what are my options & risks if I change employer?

I know that I can do W2, 1099 or H1B transfer but how whould that effect my GC? I have asked my employer for the documents and he didn't give any of them. I am sure he will not give any in the future. How can I answer an RFE, in case, after employer change?

Thanks,
Srinivas

[txh1b]

If the employer is not paying on H1b, complain to DOL. You can use AC21 to move to a similar job with another company. Having proof of I140 would be useful. Talk to a lawyer and move. Complain to DOL on a WH4 form. They will get you the money owed and if you want, sue them in court. I would do it if I were you.