priyo27 Posted November 14, 2013 Report Posted November 14, 2013 Hi, I am looking for advice what I should do from my side in below case which I unfortunately became part of: I was working for a company A till 30sep 2013. During Sep, I got offer from a consulting B and they told me requirement is urgent and I can join while H1 is waiting for approved. I was not having problem with that and they filed a H1-transfer in premium processing on 30th sep 2013 and sent me EAC no email. I filled out other formalities along with offer letter acceptance. I had meanwhile resigned from company A and last day was 30th sep. on 1st Oct when I had to join they(B) said the project I was to join has gone on hold and asked me to wait for 1-2 weeks and said they will pay me “something” for this period. Obviously I was worried about my in status, but they told me everything is fine. For some reason they never replied my email for these concerns but they told all this in calls. (I recorded some of those calls because I started disbelieving in them and dont know how this is going to help me) This situation is still on for 7th week now. There was RFE and which they have not replied, they said they are waiting for a purchasing order no and they will reply my RFE.(4 weeks now after RFE). When I inquired about my pay slip all the time they kept on saying we are not getting anything from this and we already invested in premium processing for you. But we will see when we get your project. They never asked to go out of USA. But I feel that I am out of status and I should leave country. I don’t know how laws categories person like me a victim or a criminal. And I want to understand what I can do from my side. My wife is having H1 with company A, there is another option to file H4 as dependent of my wife. But since my current employer (now I fear that they might say they never took me in) never told me anything illegal could be out here I never thought about this option. But now since everybody is saying payslip is most important part of H1B and my employer has not given that to me, should I consider going out of USA or file H4 as dependent. Or is there anyway I can get payslip from my employer. I am also looking for other opportunities and I have couple of companies ready to take me in but they are saying I must have pay slip for at least OCT 2013 for new H1-transfer. any suggestion is greatly appreciated.
jairichi Posted November 15, 2013 Report Posted November 15, 2013 Hi, I am looking for advice what I should do from my side in below case which I unfortunately became part of: I was working for a company A till 30sep 2013. During Sep, I got offer from a consulting B and they told me requirement is urgent and I can join while H1 is waiting for approved. I was not having problem with that and they filed a H1-transfer in premium processing on 30th sep 2013 and sent me EAC no email. I filled out other formalities along with offer letter acceptance. I had meanwhile resigned from company A and last day was 30th sep. on 1st Oct when I had to join they(B) said the project I was to join has gone on hold and asked me to wait for 1-2 weeks and said they will pay me “something” for this period. Obviously I was worried about my in status, but they told me everything is fine. For some reason they never replied my email for these concerns but they told all this in calls. (I recorded some of those calls because I started disbelieving in them and dont know how this is going to help me) This situation is still on for 7th week now. There was RFE and which they have not replied, they said they are waiting for a purchasing order no and they will reply my RFE.(4 weeks now after RFE). When I inquired about my pay slip all the time they kept on saying we are not getting anything from this and we already invested in premium processing for you. But we will see when we get your project. They never asked to go out of USA. But I feel that I am out of status and I should leave country. I don’t know how laws categories person like me a victim or a criminal. And I want to understand what I can do from my side. My wife is having H1 with company A, there is another option to file H4 as dependent of my wife. But since my current employer (now I fear that they might say they never took me in) never told me anything illegal could be out here I never thought about this option. But now since everybody is saying payslip is most important part of H1B and my employer has not given that to me, should I consider going out of USA or file H4 as dependent. Or is there anyway I can get payslip from my employer. I am also looking for other opportunities and I have couple of companies ready to take me in but they are saying I must have pay slip for at least OCT 2013 for new H1-transfer. any suggestion is greatly appreciated. First of all it was not wise from your part to join a new employer based on receipt notice. As long as a decision is pending with USCIS you are in status. Do you have the receipt notice to show that they filed a H1B petition? As they are delaying I doubt they would respond to RFE. My advice for you would be forget this employer and ask your new employers who are willing to offer you a job to file a cap exempt H1B petition with consular processing. Leave and enter US with a valid H1B visa and new I797 and start working.
bhalc Posted November 15, 2013 Report Posted November 15, 2013 File complaint against your current employer. You should get paid ALL the time. You have project or not - is not your responsibility. You work for your employer and not for vendor. My friend learn from your mistakes, never join new employer unless you see actual approval and project details.
JoeF Posted November 15, 2013 Report Posted November 15, 2013 Recording calls without the knowledge of the other party may be illegal. It is always better to send a summary of the conversation in an email and ask the other party to correct any mistakes. That way, you have a paper trail. On H1, you need to get paid all the time. File a complaint with DOL on WH4. The DOL will make the employer pay you.
t75 Posted November 15, 2013 Report Posted November 15, 2013 Recording calls without the knowledge of the other party may be illegal. It is always better to send a summary of the conversation in an email and ask the other party to correct any mistakes. That way, you have a paper trail. On H1, you need to get paid all the time. File a complaint with DOL on WH4. The DOL will make the employer pay you. This depends on the state
Poonam121 Posted February 25, 2014 Report Posted February 25, 2014 "I have got H1 b approval last October, but due to emergency, i have to leave for my home country for three months. I have come back on H4 visa. My current employer who is holding my H1 b visa has made me signed a leave letter to maintain my H1 status. I have SSN with me. Is it possible to go for a h1 b transfer with another employer without recent payslips?"
jairichi Posted February 25, 2014 Report Posted February 25, 2014 "I have got H1 b approval last October, but due to emergency, i have to leave for my home country for three months. I have come back on H4 visa. My current employer who is holding my H1 b visa has made me signed a leave letter to maintain my H1 status. I have SSN with me. Is it possible to go for a h1 b transfer with another employer without recent payslips?" Employer files a cap exempt H1B petition along with COS and after approval you can start working. No need for pay stubs in this situation.
rahul412 Posted February 25, 2014 Report Posted February 25, 2014 "I have got H1 b approval last October, but due to emergency, i have to leave for my home country for three months. I have come back on H4 visa. My current employer who is holding my H1 b visa has made me signed a leave letter to maintain my H1 status. I have SSN with me. Is it possible to go for a h1 b transfer with another employer without recent payslips?" If you didn' worked on H1, then you are good to go.
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