H1B Transfer from one company(Staffing) to other(Full-time)


anil.5sep@gmail.com

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Hi,

I was working with ****** as my employer, who also holds my H1-B Visa. My last pay check with them was for the week ending on 10/23/2011. I had to visit INDIA as my Dad passed away. I got my stamping done without any issues and returned on 11/15/2011. From there on I was job less. However I found an excellent full time opportunity with Staples and they want to get me on board asap.

Now my question to you is would the transfer of H1 have any problems as there are no current pay checks. Please let me know all my options as well as a best possible scenario for my kind of situation. It would be really helpful.

Thanks,

ANIL

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Hi,

I was working with ****** as my employer, who also holds my H1-B Visa. My last pay check with them was for the week ending on 10/23/2011. I had to visit INDIA as my Dad passed away. I got my stamping done without any issues and returned on 11/15/2011. From there on I was job less.

No, you weren't. You were still employed. You may not have a project, but that is irrelevant. Your employer needs to pay you all the time, even if you are on bench without a project. That's the law.

If you don't get paid, you are out of status, i.e., illegal.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

Until you get paid or have a WH4 pending, you can not transfer to another employer.

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