Job Termination & H-1b Transfer

[aarora3]

Hello All,

Please note that the dates below are arbitrary.

I was on H-1B visa through a company and on December 1, 2011 I received an email notification from my employer that they will be terminating my employment as of September 30, 2011 (Just an email and no other correspondence). Even though I have received pay slips until October 30, 2011. For the month of November, 2011 I was on unpaid vacation. He had also mentioned that he will give me 3 weeks of time to look for another project before he revokes my H-1B visa by informing USCIS.

So my questions are:

[1] How can he terminate my employment for a date which is 2 months old especially since he has provided pay slips for 1 of those months?

[2] Shouldn't he be providing a pay slip for the month of November even if I was on unpaid vacation?

[3] Assuming that I find an employer who is willing to do my H-1 transfer in the month of December in premium processing, can I do it without the pay slip for the month of November?

[4] If I decide to change my status to H-4 visa, will I then need pay slip for November?

Any feedback will be really helpful and appreciated.

[wiweq]

An employer cannot terminate someone (either on H1b or not) in back date. This is unlawful. You should report to DOL of your state using WH4. WH4 is specially made for H1b rights. While processing H1b in December they will definitely look for pay slip till November. Acknowledge slip of WH4 would be helpful to process your new h1b successfully. This slip makes sure that it's not your fault, you are aware of H1b laws and you have taken action.