H1B Transfer No Paycheck

[Ricky]

Hello,

I'm in kinda situation where i'm not sure how to move ahead with things. So any help or suggestions would be really appreciated.

I'm a full time employee with a consultant and in Jan 2016 my project got over, since then he or me are not able to find a new project. Few months he paid me on time and regular salary but after that he started to pay me like half. On asking him about this he said it's still above the minimum LCA amount and nothing to worry about. During all this I heard his other employees were also on bench so he told me to go on unpaid leave and travel to India. In June I  went to India and somehow i got lucky i guess and VO after interviewing me for like 25min approved my visa. He hardly asked me 5 questions and rest of the time he was just typing on his computer. I came back on Oct 1 and since then he hasn't paid me saying i have expanded my unpaid leave which after reading online i got to know that basically i'm out of status.

After returning i gave few interviews too and one of the company liked me. Hopefully i'll get the offer soon as i filled out their background check form few days back. So my questions is if i get the offer how should i proceed with the transfer. Without paychecks (last paycheck was in May) it's not possible so what steps should i take.

 

Thanks

[Reddi]

No issues. you were on unpaid leave. and also you had pay-stubs before unpaid leave. In your case no issues until unless you don;t have valid I-94 and also if I-94 is valid you are not out of status.

Your I-94 is the proof for everything. go ahead and join in new company.

Thanks

Reddi

[pontevecchio]

The "transfer" will not happen. Your H1 with the new employer may be approved after which you leave and return on the basis of your H1 visa and the approved petition.

[JoeF]

You need to get paid. If the employer doesn't pay you, file a complaint with DOL on form WH4.
 Without a pending WH4, an H1 transfer is pretty much impossible.

 

[Ricky]

Thanks for replying guys. The amount on my last 4 paychecks is also less than what is mentioned on LCA so even that can cause a problem during transfer, right?

So what time should i be considering to file a complaint with DOL? After i get the offer from new company or right now so as to atleast i get paid no matter if i get the offer or not?

Thanks

[Ricky]

Any suggestions ?

[JoeF]

You are out of status. The sooner you fix that the better it is for you.

A pending WH4 also makes it easier to change jobs. The company is not allowed to retaliate. But if you feel unsure, I suggest discussing your situation with a good immigration lawyer.