Urgent Reg H1 transfer!!!!!!!!!!!!!!!!!

[anu11]

Hi all,

I got my h1b approved in Nov end 2013. And in Feb I got a project for 2 months, and now i am on bench from april. I have 2 months pay stub(feb n march) , can i transfer my h1b with these 2 pay stubs?

My employer  said he will run pay roll for April. Till may end if i don't get any project , he will withdraw my petition. In the worst case if he withdraws my petition, is there any chance I can transfer/apply for new h1b(cap exempt) ? Previously I was on h4 visa. so if he withdraws my petition what will be my status? and if i get a project how can I regain my h1b status?

 

Appreciate the reply!!

 

Thanks in advance

 

 

[jairichi]

Hi all,

I got my h1b approved in Nov end 2013. And in Feb I got a project for 2 months, and now i am on bench from april. I have 2 months pay stub(feb n march) , can i transfer my h1b with these 2 pay stubs?

My employer  said he will run pay roll for April. Till may end if i don't get any project , he will withdraw my petition. In the worst case if he withdraws my petition, is there any chance I can transfer/apply for new h1b(cap exempt) ? Previously I was on h4 visa. so if he withdraws my petition what will be my status? and if i get a project how can I regain my h1b status?

 

Appreciate the reply!!

 

Thanks in advance

You are out of status as you were not paid in Dec and January. File a complaint with DOL against employer for not paying your salary. This will help you to move to a new employer with out any issue. If H1B petition is withdrawn you have to apply for COS to H4. When a new employer is ready to hire you they have to file a cap exempt H1B petition.

[rahul412]

Currently you are out of status, forget about H1 transfer.

First you need to file a complaint against your FRAUD employer for not paying you on H1. On H1 you need to get paid EVERY month.

 

Filing a complaint is the ONLY option you have for H1 transfer.

[anu11]

You are out of status as you were not paid in Dec and January. File a complaint with DOL against employer for not paying your salary. This will help you to move to a new employer with out any issue. If H1B petition is withdrawn you have to apply for COS to H4. When a new employer is ready to hire you they have to file a cap exempt H1B petition.

Thank you for the reply. So u mean to say, still am out of status since i haven't got paid for dec and Jan?if i get a new employer  and if they are ready to file a cap exempt h1b , is there any chances of rejection since i haven't got paid for dec n jan ? please let me know.

[jairichi]

Thank you for the reply. So u mean to say, still am out of status since i haven't got paid for dec and Jan?if i get a new employer  and if they are ready to file a cap exempt h1b , is there any chances of rejection since i haven't got paid for dec n jan ? please let me know.

If an RFE is raised asking for your W2 for 2013 and latest 6 months pay stubs, would you be able to provide them to USCIS? Why take chances when you can do the right thing by filing a complaint with DOL against that employer and get your salary for Dec and Jan? This will also allow you to transfer your H1B to a new employer. 

[rahul412]

Thank you for the reply. So u mean to say, still am out of status since i haven't got paid for dec and Jan?if i get a new employer  and if they are ready to file a cap exempt h1b , is there any chances of rejection since i haven't got paid for dec n jan ? please let me know.

You will be in trouble for not getting paid.

Like I said before,  why are not filing a complaint against that employer??

[omshiv]

Many so called highly professional people are ignorant about their H1B rights!!!

People, when you are on H1B, YOU NEED TO GET PAID REGARDLESS OF WHETHER YOU ARE ON BENCH OR NOT!!! That's why Desi employers take advantage of you all!!!

File a complain with DOL as you are already Out of Status and only that will help you out.