H1-B Transfer Denied. in H1B : General Posted Thursday at 05:25 PM · Report reply 12 hours ago, JoeF said: Yes, but that only applies if the person is employed by the employer. The OP wasn't employed anymore. He quit. For DOL, the employment wasn't terminated properly if the employer didn't inform USCIS. That is what matters, and the employer has to pay the person. In addition, this section has been abused by shady employers, forcing people to go on leave if they don't have a project. Hence, USCIS would want real evidence, which the OP wouldn't have since he quit. So, bottom line: the employer has to pay the OP if they didn't inform USCIS. Period. End of story. Trying to get around the rules would only make it worse. And of course, falsifying records is a felony. So, again, if the employer did not inform USCIS the employer has to pay the salary for the time the OP didn't work there. If the employer followed the law and informed USCIS they would have to file (and pay for) a new H1 petition if they want to hire the person back. It is THAT easy. Anything else is fraud. Plain and simple. Your statement about the employer has to pay the employee all the time is blatantly false. You tend to make these statements and when I proved it as a false statement you tend to fall back on you plan to make other unrelated statement and end them with a Period and end of story lines. But you never go back to correcting yourself. I know it might be hard for your understand few things when there are new facts which are put forth which you are not aware of. Let me explain this to you: Say an Employee A who is on H1B works for Company X and he gets 21 days of vacation. Due to some reason he used his 21 days during the first half of the year. Later down the line if he had an issue where he did not show up at work for a week or 10 days (inclement weather, family issues or say he is sick). Now will the company X has to still pay him? No, Company X will not pay him for these scenarios just because he is on H1. This proves that your statement that "A person on H1 has to get paid ALL THE TIME" is false. Now coming back to the OP's case, his employer might have informed the attorney and attorney will take a few days to file for a withdrawal. In a real world scenario, things don't work at lighting speed when it comes to immigration issues and dealing with attorneys. (No offence to attorney's they have a ton on work to do 🙂 ). Will the company keep paying him till the withdrawal is filed? No, they will not because they might have terminated him in their system and the attorney might take a week or two to file a withdrawal. Lets say they did file a withdrawal and USCIS never acknowledges it, will you now say that Company has to pay till the USCIS sends a acknowledgment. These kind of things will not stand in a court of law as there are lot of things that are beyond the control of the employer which might go wrong and its not correct to blame the employer for those. Intention of the employer is not to commit fraud, but there should be given some reasonable time to each party to fulfill their legal obligation. If the OP wants to go back to the employer after a week and the withdrawal is not filed. They can technically do that. Will it be a new petition or not something the Company's legal team and their attorney's will decide. You can't just put out statements like the employer is fraud and not following the law without considering all the FACTS.