Employer not giving pay stub on OPT

[maverick286]

Hi,

I am on OPT extension and have been employed by employer A since Feb 2009. He has been paying me via direct deposit but didn't provide me any pay stubs I have now been offered a job by another company B which is ready to process my H-1b visa also. Now when I ask my employer for previous pay stubs, he refuses to give them to me. I haven't told him I have got a job yet. My question is that can I use my bank statements as a proof of my valid OPT status because I am pretty sure that he has been running the pay roll from February. Can employer A cause me any problems in the future if I decide to leave him? I don't have any record of being employed by him. Just have the bank statements that show that I have been receiving pay from his company.

Thank You

[kabkaba]

Your problem is a much simpler one, don't worry. People have paystubs but no pay. Although having paystubs helps in keeping track of how much pay was given, how much taxes were withheld etc.

Mostly for OPT, proving that you have been working is not required. You are also allowed to work without pay in certain conditions to avoid the 90 day unemployment rule.

If you can wait, try applying for H1 without paystubs. If you get an RFE then you may tell your employer that you need the paystubs for tax reasons or something.

[maverick286]

Your problem is a much simpler one, don't worry. People have paystubs but no pay. Although having paystubs helps in keeping track of how much pay was given, how much taxes were withheld etc.

Mostly for OPT, proving that you have been working is not required. You are also allowed to work without pay in certain conditions to avoid the 90 day unemployment rule.

If you can wait, try applying for H1 without paystubs. If you get an RFE then you may tell your employer that you need the paystubs for tax reasons or something.

Thanks for the reply. You mentioned that on OPT, it is not required to prove that you are working. Also you mentioned that you can work without pay in certain conditions to avoid 90 day unemployment rule. However I am on OPT extension where you are required to be employed by an employer who is registered in the e-verify system and you have to be paid minimum wage. And as I said that I have been receiving my salary, but I don't have any other proof that I have been employed by this employer A(like a pay stub or pay slip). Do you think this is something for me to be concerned about in future?

[kabkaba]

On extension, you may be unemployed for a total of 120 days (over the complete period of OPT). Also, you have to keep working, but you may not be asked to prove it.