H1B Transfer Issue

[kchag99]

Hi Forum Members,

I was working on h1 for employer A ( valid until 2013, no paystubs yet as there are pending payments from the prime vendor)for 2 months and then I got a new offer with Kforce and they initiated a H1B transfer, Once I received the receipt I started working with Kforce and suddenly in two weeks client had withheld the project for some reason.I still have not received my h1B approval for Kforce yet.Now, Kforce says they are terminating my employment and stopped my payrolls.Now I am in a fix as my h1B with Kforce may not be valid as they don't run payroll if I am not on a project.

Could you suggest me what is the best way I can maintain my status. what are my options?

these are my questions:

1) can I ask my previous employer if he can take me back with a new project? Is it possible to just go back and start working normally?

2). If at all my old employer says no, can I join a new employer? I still have not received new transfer approval yet. I only have receipt from Kforce.

3) what happens to my status as I do not have payroll running currently?

Please help me.

Thanks,

KK

[wiweq]

"employer A ( valid until 2013, no paystubs yet as there are pending payments from the prime vendor)for 2 months and then"

=> You were out of status during this time period as you were unpaid. To fix this, report this to DOL of your state using WH4 form. Also complain to ICE. Keeping H1b employee unpaid is a sign of fraud employer. Report this incident, or consider yourself companion in this illegal activity.

1) can I ask my previous employer if he can take me back with a new project? Is it possible to just go back and start working normally?

=> Your previous employer is fraud, why do you want to associate again with a fraud employer?

2). If at all my old employer says no, can I join a new employer? I still have not received new transfer approval yet. I only have receipt from Kforce.

=> You are out of status now. No H1b extension or COS possible if you are out of status.

3) what happens to my status as I do not have payroll running currently?

=> You are out of status now. Best bet, leave USA asap and try finding employer from your home country.