h1trouble Posted July 13, 2012 Report Share Posted July 13, 2012 Hi, I was working with a consulting company and I got a full time opportunity and while I was on bench with my old employer from mid May and was marketing myself and giving interviews, I applied the h1b transfer on June 19 and got approval. Now I joined the new company in July without telling my former employer. Now when they figured out I am not working with them anymore, they are telling me they will revoke my H1 from mid May. I have the paystub for the month of may(1-31). Can they do that? If yes, will it pose a problem for me?Will I be considered out of status? I was maintaining my status when my new h1 got approved. Thanks. Link to comment
JoeF Posted July 14, 2012 Report Share Posted July 14, 2012 The old employer needs to pay you for the time on bench. And they can not just retroactively claiming you weren't working there anymore. File a complaint with DOL on form WH4 if they don't want to pay you for the bench time. Link to comment
h1trouble Posted July 15, 2012 Author Report Share Posted July 15, 2012 I don't want to go through the process of filing a complaint. It seems risky. Can there be a problem for me in the future if I don't do anything now. Can I be out of status for the month of June? Link to comment
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