H1b Transfer Option ? W/o paycheck since 1 month

[pontevecchio]

All that is necessary for the triumph of evil is that good men do nothing’

[dream16]

Please SUGGEST me how do i file a WH-4 now ? how will i prove that they "forced" me to take an "unpaid" vacation ? I need a concrete proof as i myself emailed requesting for leave of absence via email to which they replied after 3 days formally accepting it. Is consular processing impossible now ? I know i may not have done the best of the best in this situation but what shall be done now ?

[JoeF]

Please SUGGEST me how do i file a WH-4 now ? how will i prove that they "forced" me to take an "unpaid" vacation ? I need a concrete proof as i myself emailed requesting for leave of absence via email to which they replied after 3 days formally accepting it. Is consular processing impossible now ? I know i may not have done the best of the best in this situation but what shall be done now ?

File a WH4 first.

There would likely be some kind of papertrail.

If the employer only told you things verbally, send an email summarizing the conversation. That generates a papertrail.

[dream16]

Well, long-story short, i finally jumped today to Desi Employer - h1b transfer initiated and yes i had to ____ for it, and most probably we will get this one rejected as shown in-house project, so i will have to jump another h1b

[rahul412]

Well, long-story short, i finally jumped today to Desi Employer - h1b transfer initiated and yes i had to ____ for it, and most probably we will get this one rejected as shown in-house project, so i will have to jump another h1b

You started this post on Dec 15th and you got the reply on the very same day.

If you have listened to them ( or at-least consulted an attorney) then you would have saved lot of time and money. Again, at the end you did the same thing what people advised you one the every first.Again, 'in-house' project doesn't exist in most of the consulting firm, you are unnecessarily inviting trouble

Anyways, all the best...!!!!

[dream16]

You started this post on Dec 15th and you got the reply on the very same day.

If you have listened to them ( or at-least consulted an attorney) then you would have saved lot of time and money. Again, at the end you did the same thing what people advised you one the every first.Again, 'in-house' project doesn't exist in most of the consulting firm, you are unnecessarily inviting trouble

Anyways, all the best...!!!!

I agree partially with what you are saying, its always easy to tell someone to fight against the system and try to be a god-father leading the pack, but i was on the look-out for a feasible solution since day 1 & it took me time to figure out this particular damage control (that of course is temporary only but way better than living w/o a paycheck), my w/o paycheck official time is 30 days, hope govt understands that getting a job in a span of 3 weeks isn't a joke especially in Jan

[JoeF]

I agree partially with what you are saying, its always easy to tell someone to fight against the system and try to be a god-father leading the pack, but i was on the look-out for a feasible solution

The only feasible solution is to file a WH4.

hope govt understands that getting a job in a span of 3 weeks isn't a joke especially in Jan

The government knows that you have to get paid all the time, and that you are out of status if you don't get paid.

It is unlikely that they will approve a transfer, due to you being out of status.

That's why there is the WH4. Filing a WH4, besides getting you your money, allows you to file a transfer even if you have been out of status.

You have rights in this country. It is your right to get paid. Why did you throw away your money??? Do you have too much of it??? If so, do something good with it, and donate it to charity.

[dream16]

The only feasible solution is to file a WH4.

The government knows that you have to get paid all the time, and that you are out of status if you don't get paid.

It is unlikely that they will approve a transfer, due to you being out of status.

That's why there is the WH4. Filing a WH4, besides getting you your money, allows you to file a transfer even if you have been out of status.

You have rights in this country. It is your right to get paid. Why did you throw away your money??? Do you have too much of it??? If so, do something good with it, and donate it to charity.

Just answer this: how will you prove to DOL that it was a forced LOA ? (Employer asked me via phone call to do this and i emailed the loa request).

[JoeF]

Just answer this: how will you prove to DOL that it was a forced LOA ? (Employer asked me via phone call to do this and i emailed the loa request).

You need to get an education in real-life stuff.

First, how naive are you to not have records of things??? Can I call you and you send me $1M???

Second, there is a record of the phone call.

Third, there may be people who overheard the call, either on your side or in the employer's office.

Fourth... Fifth..., etc.

There is always a way to find out about these things.

[rahul412]

Just answer this: how will you prove to DOL that it was a forced LOA ? (Employer asked me via phone call to do this and i emailed the loa request).

1. You are not suppose to LIE during any investigation

2. what will be your answer for this question during the investigation. "what is the reason for LOA??"

I still don't understand why are you still defending that FRAUD employer.

[JoeF]

I still don't understand why are you still defending that FRAUD employer.

My first thought was Stockholm Syndrome...

https://en.wikipedia.org/wiki/Stockholm_syndrome

[rahul412]

My first thought was Stockholm Syndrome...

https://en.wikipedia...ckholm_syndrome

Thanks for that info Joe.

[dream16]

You need to get an education in real-life stuff.

First, how naive are you to not have records of things??? Can I call you and you send me $1M???

Second, there is a record of the phone call.

Third, there may be people who overheard the call, either on your side or in the employer's office.

Fourth... Fifth..., etc.

There is always a way to find out about these things.

Dude, no offence personally to you as i have been listening to your advices in the past as well, but real-life works way different & it's a funny thing you saythat call records are there & people overheard the conversations blah blah, this is not a MILLION DOLLAR LAWSUIT or a MURDER CASE where USCIS will take the pain to listen to a "TRUE EMPLOYEE"S Sobbing story" --> the reality bite is you guys can surely suggest about filing wh4 and fighting it out against the employer but it doesn't really work this way as government and judges go by the "EVIDENCE" that can be proven and not by bringing in dramatic stories of who overheard what and record calls from phone companies...anyways, thanks !

[dream16]

1. You are not suppose to LIE during any investigation

2. what will be your answer for this question during the investigation. "what is the reason for LOA??"

I still don't understand why are you still defending that FRAUD employer.

The only reason to sign LOA was to save my *** to get busted on the next day (i.e. Terminated by employer the very next day as the client project ended"), its always easy to say these things and suggest and what not, but when it comes to your ownself and your own visa, it doesn't really work the 'revolutionary way' in which you can brag about all the rights an employee have against the employer but government works as per evidence and not sob stories (since ofcourse the employer had the UPPER HAND in here as I Was getting Terminated and not them). I am educated enough & did figure out my way out (ofcourse the jugaad way) because here in this part of the world either you play by the rules and continue to beg for filing a GC in the full time employment job in the 5th year of your h1b or take the risk & the plunge & fight it out.

Again, i am not here to show any hatred against your thoughts, but you have to look at the realistic sides of all the coins.

you all can now say that "oh why did you NOT ask your employer (yes american employer billion $ firm--> they all are the same) to send it in writing to you to sign a forced LOA, because guess what they dont give a DAMN and would terminate the NExt DAY !.

[JoeF]

Dude, no offence personally to you as i have been listening to your advices in the past as well, but real-life works way different

No it doesn't. The IRS, for example, has stated repeatedly that disgruntled ex-spouses are their best source of information.

Similar in employer-emplyee settings. Ever heard of whistleblowers?

Some people know that this LOA was fake. They can now blackmail you, for the rest of your life, threatening to report you to the authorities. What a "nice" life you have in front of you.

Better get clear, file a WH4, instead of living in fear of blackmail for the rest of your life.

[rahul412]

The only reason to sign LOA was to save my *** to get busted on the next day (i.e. Terminated by employer the very next day as the client project ended").

Now I understand why you are not interested in filing a complaint against your employer. In order to save your *** you have participated in illegal act.

Dude, one thing you need to remember life of a person with H1 status in US, SUCKS. In reality yes, following these rules is pain in the $%#& , but if you want to have H1 then you have to follow these rules. We need to feel lucky when you compare immigration rules of UK or Australia.

[dream16]

Yea Rahul, i know that, let's c what happens...