callmev Posted October 4, 2017 Report Posted October 4, 2017 Hello, I have worked as sub-contractor till July 31 Sep 2017, my last pay stub is dated on 18th Aug 2017th. Now I got a full time job offer( Oct 3rd 2017) Is it possible to have my H1B transferred to this new company without any paystubs from 18Aug 2017 ?
JoeF Posted October 5, 2017 Report Posted October 5, 2017 On H1, you can never work as a subcontractor. You are always an employee on H1. Your employer may send you to a client site, but that doesn't make you a subcontractor. It is not quite clear what your last day with your employer was. You mention July 31, but also "Sep". Is that September? Did you get laid off? As long as you are an employee, your employer needs to pay you, even if you are on bench. That's the law. If you didn't get paid according to the law, you need to file a complaint with DOL.
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