H1B Transfer while on Leave of absence

[bnagendra]

Hi All,

I have been working with a staffing company A for almost 3 years and they have filed for my H1 which has been approved and i am left with sufficient period of time . I am looking for a Full time Job , My current project with Company 'A' has been completed and they had put me on Leave of Absence for 30 days .

From What i hear from Company 'A' is they will not be issuing any pay stubs on my name .

At this moment can i transfer my H1 from Company 'A' to any other Company 'B' before my leave of absence ends.

Will there be any problem in my H1 Transfer?

Please advice.

Thanks a lot lot for all your time an word.

[wiweq]

"they had put me on Leave of Absence for 30 days ."

=> Employer cannot "put" you on vacation because they don't have work for you. This is violation of H1b regulations. If you are available for work, they have to pay you, doesn’t matter you have the project or not. Seeing USCIS's recent stricter activities your new H1b will most probably deny in the absence of resent pay stubs. Best bet: File WH4 on your state's DOL, use the acknowledge receipt for new H1b processing. This will make sure that you were aware of H1b regulations and you had taken timely appropriate action for H1b violation done by your employer.

[JoeF]

My current project with Company 'A' has been completed and they had put me on Leave of Absence for 30 days .

That's illegal.

Your employer has to pay you, even if you have no project.

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.

From What i hear from Company 'A' is they will not be issuing any pay stubs on my name .

They have to. It is required by law, and they stated that they would pay you according to the law when they signed the LCA.

Again, file a WH4.