johnt.fernandes84 Posted October 20, 2014 Report Share Posted October 20, 2014 Hi All,Requesting your help on the below:I came to US on H4 last year and a company filed for an H1. THe same got approved on oct 1.Now, the company is saying it will only generate payroll once i am on a project.In the mean time i have got a full time offer.Can you please answer the below questions:1) Can the new company transfer my H1 without paystubs2) Since i came to know that my current company will not generate paystubs, i did not apply for SSN.Now when the new company intiates transfer can i apply for SSN ans save a RFE?3) What would be the procedure for the company to transfer - will it be a COS or H1 Transfer4) If the company gets H1 transfer rejection, can i continue working for my current employerAprreciate your help on the same and the company would file for the same tomorrow Link to comment
rahul412 Posted October 20, 2014 Report Share Posted October 20, 2014 Your current employer is a fraudster. Go for that full time employment and file a complaint against your fraud employer for not paying your salary. Link to comment
jairichi Posted October 20, 2014 Report Share Posted October 20, 2014 First file a complaint with DOL against your current employer. 1. Wit out pay stubs you are out of status and so no H1B transfer. 2. At the moment your SSN is not a matter of concern. 3. With a complaint against employer a new employer can file a cap exempt H1B petition. 4. Well, you are not working and what do you mean by saying "continue working"? Link to comment
johnt.fernandes84 Posted October 21, 2014 Author Report Share Posted October 21, 2014 Thank you for your response, really appreciate your help on this. 1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences. I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping. Can you please help on what they mean by this and whether it is feasible. Really want to thank you again for all the support!!! Link to comment
johnt.fernandes84 Posted October 21, 2014 Author Report Share Posted October 21, 2014 Your current employer is a fraudster. Go for that full time employment and file a complaint against your fraud employer for not paying your salary. Can i go to the new company and get a transfer before filing a complaint? thank you again!! Link to comment
jairichi Posted October 22, 2014 Report Share Posted October 22, 2014 Thank you for your response, really appreciate your help on this. 1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences. I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping. Can you please help on what they mean by this and whether it is feasible. Really want to thank you again for all the support!!! You will be asked for pay stubs from USCIS in the form of RFE. If not provided H1B petition might get approved with out I94. In this case you would have to exit and enter US with a valid H1B visa and new I797. And, there is nothing scary to complaint against employer for not paying your salary. You are protecting your rights. Link to comment
jairichi Posted October 22, 2014 Report Share Posted October 22, 2014 Can i go to the new company and get a transfer before filing a complaint? thank you again!! You will need to file a complaint first. Link to comment
rahul412 Posted October 22, 2014 Report Share Posted October 22, 2014 Can i go to the new company and get a transfer before filing a complaint? thank you again!! Yes Link to comment
johnt.fernandes84 Posted October 22, 2014 Author Report Share Posted October 22, 2014 Thank you all what will be the best scenario for me without Payslips and with SSN only applied to transfer? Link to comment
rahul412 Posted October 22, 2014 Report Share Posted October 22, 2014 Thank you all what will be the best scenario for me without Payslips and with SSN only applied to transfer? Ask your attorney, he will assist you. Link to comment
johnt.fernandes84 Posted October 22, 2014 Author Report Share Posted October 22, 2014 He mentioned to do a CAP EXEMPT. Is this the right approach? ? Link to comment
rahul412 Posted October 22, 2014 Report Share Posted October 22, 2014 He mentioned to do a CAP EXEMPT. Is this the right approach? ? Yes, that's right. Why are you not trusting your attorney?? Link to comment
johnt.fernandes84 Posted October 23, 2014 Author Report Share Posted October 23, 2014 Yes, that's right. Why are you not trusting your attorney?? Thanks Rahul, I do trust my Attorney but a litle unclear. From what other blogs members told me - CAP exempt can be done from INDIA and not US. But he saying it can be done from here itself. Hence wanted some more clarity. Link to comment
rahul412 Posted October 23, 2014 Report Share Posted October 23, 2014 From what other blogs members told me - CAP exempt can be done from INDIA and not US. But he saying it can be done from here itself. No, that's not true. Link to comment
johnt.fernandes84 Posted October 23, 2014 Author Report Share Posted October 23, 2014 As in, Going to India is not needed or you mean to say that It would be required ? Link to comment
rahul412 Posted October 23, 2014 Report Share Posted October 23, 2014 As in, Going to India is not needed or you mean to say that It would be required ? It's needed only if your I94 is expired. or H1 is approved without new I94. Link to comment
JoeF Posted October 24, 2014 Report Share Posted October 24, 2014 Thank you for your response, really appreciate your help on this. 1) I understand the complaint to DOL would be the right approach but for a naive immigrant like me - it brings me chills fearing unwanted consequences. I spoke to my new company and they said that without payslips they can apply for a CAP exempt for Visa filling - this would be done from US itself and there could or could not be a need to travel back to my home country for stamping. Can you please help on what they mean by this and whether it is feasible. Really want to thank you again for all the support!!! This is the US. You have rights here. File a complaint with DOL. It'll help your case. Link to comment
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