H1B transfer and waiting without salary

[jim79]

Hi,

I got laid off from my previous employer on 10/18/12 and I found a new employer with in one week.But due to the hurricane sandy they could only file it on 11/7/12 in regular processing . We got the receipt number on 11/14/12. But due to the business slowdown issues on year end , my employer said I can join only by Jan 15 , 2013. They won't be running the payroll until that time.

is there any problem in this case as I am on bench without any salary from . Nov 1 - Jan 15. am I on out-of-status now?

thanks

Jim

[rahul412]

Hi,

I got laid off from my previous employer on 10/18/12 and I found a new employer with in one week.But due to the hurricane sandy they could only file it on 11/7/12 in regular processing . We got the receipt number on 11/14/12. But due to the business slowdown issues on year end , my employer said I can join only by Jan 15 , 2013. They won't be running the payroll until that time.

is there any problem in this case as I am on bench without any salary from . Nov 1 - Jan 15. am I on out-of-status now?

thanks

Jim

You are out of status from 10/19/12.

[wiweq]

That's right : You are out of status from 10/19/12. Complain against the employer to DOL using WH4. Because you are available to work, they have to pay you.