chikz Posted May 1, 2014 Report Share Posted May 1, 2014 Hi, I recently came with H1 B stamped in USA with XYZ employer. But I lost my project and I am on bench. one month has already passed. My current employer is going to run my payroll. as per my employer if I don't get project in second month they will revoke my h1. Question I have is: 1) Can I get my h1 transfer to ABC employer if I find project thru them? I don't have recent paystub, unless my current employer runs it for second month after I came to USA, as mentioned. 2) Can I file for extension same time I file for h1 transfer? My current h1 validity is for 1 year which expires in October 2014 3) if I don't transfer h1 and change my status to f2 (dependent of my hubby) before my h1 is revoked by my employer. Then say, I get/find project- can I start working by changing my status back to H1? Or will I loose h1 forever even if validity is for october 2014? Would I then come under 65000 quota for filing new h1? Please guide me with serious response. Thank you in advance. Link to comment
jairichi Posted May 2, 2014 Report Share Posted May 2, 2014 Hi, I recently came with H1 B stamped in USA with XYZ employer. But I lost my project and I am on bench. one month has already passed. My current employer is going to run my payroll. as per my employer if I don't get project in second month they will revoke my h1. Question I have is: 1) Can I get my h1 transfer to ABC employer if I find project thru them? I don't have recent paystub, unless my current employer runs it for second month after I came to USA, as mentioned. 2) Can I file for extension same time I file for h1 transfer? My current h1 validity is for 1 year which expires in October 2014 3) if I don't transfer h1 and change my status to f2 (dependent of my hubby) before my h1 is revoked by my employer. Then say, I get/find project- can I start working by changing my status back to H1? Or will I loose h1 forever even if validity is for october 2014? Would I then come under 65000 quota for filing new h1? Please guide me with serious response. Thank you in advance. 1. With out pay stubs you are out of status and so a new employer cannot file a cap exempt H1B petition. Best option is to file a complaint against employer with DOL and this will make the employer pay your salary and help you to transfer your H1B petition to a new employer. 2. Refer 1. 3. Yes, you can move to F2 and later an employer can file a cap exempt H1B petition and on approval you can work. Link to comment
chikz Posted May 5, 2014 Author Report Share Posted May 5, 2014 1. With out pay stubs you are out of status and so a new employer cannot file a cap exempt H1B petition. Best option is to file a complaint against employer with DOL and this will make the employer pay your salary and help you to transfer your H1B petition to a new employer. 2. Refer 1. 3. Yes, you can move to F2 and later an employer can file a cap exempt H1B petition and on approval you can work. 1. With out pay stubs you are out of status and so a new employer cannot file a cap exempt H1B petition. Best option is to file a complaint against employer with DOL and this will make the employer pay your salary and help you to transfer your H1B petition to a new employer. 2. Refer 1. 3. Yes, you can move to F2 and later an employer can file a cap exempt H1B petition and on approval you can work. Thank you Jairichi for your response. So as mentioned above my employer should have runned my pay stub from the day one I came into US with H1 B stamp? Link to comment
jairichi Posted May 5, 2014 Report Share Posted May 5, 2014 Thank you Jairichi for your response. So as mentioned above my employer should have runned my pay stub from the day one I came into US with H1 B stamp? Yes from day one you reported to employer. You need to file a complaint against employer with DOL. Link to comment
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