ancreddy Posted February 22, 2013 Report Posted February 22, 2013 Hi, I got a H1B from a small conultancy. I worked for them from Nov to Jan 15th. Now the consultancy sent a letter saying they got a audit and some financial problem , hence closing it. They told , we can transfer whereever we want. Now I got another consultancy who is doign my transfer, but I got a RFE asing paysleep. I don't have a pay sleep but I have letter from my original consultant saying they din't paid me and try to pay as soon as possible. Is this sufficiant for replying RFE or pay slip are must..? If my RFE got rejects, then what will happen to my H1 status..?
JoeF Posted February 22, 2013 Report Posted February 22, 2013 You are already out of status if you didn't get paid. You can't transfer anything unless you get paid. File a complaint with DOL about the old company on form WH4.
ancreddy Posted February 23, 2013 Author Report Posted February 23, 2013 Thanks for the reply. My spouse is in H1 , so can I transfer to H4 now..? During transfer period, can I stay in USA or I need to enter USA once H4 transfer is complete..?
JoeF Posted February 24, 2013 Report Posted February 24, 2013 Since you are out of status you can't file a COS to H4, either. You need to fix the out-of-status situation first. File a complaint with DOL.
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