H1B transfer - take last month salary from previous while working for new one


nik11

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I am currently working via a desi consultancy - Employer A - they hold my H1B. I am on a contractual position for a client.

I got a full time job & have transferred my H1B to new employer - Employer B. It is in a different city & state.

 

Employer A - keeps 1 months salary in buffer. So if I resign this Friday he will still have 1 months salary with him which he will not give to me. So, can I do this-

 

This Friday I tell Employer A that client fired me & I need to search for new job. I can make getting fired happen from client.

From next Monday I start working for Employer B. 

 

So for next 1 month I will be drawing salaries from both the employers.

 

Que 1) Can I do this? 

Que 2) I have heard that the old Employer can never come to know if H1B is transferred. Like he cannot go to USCIS & know about my current employer, nor my status with him. Is it true?

Que 3)  If not above, Is there any way I can get my hard earned salary from Employer A?

 

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Won't your employer speak to your client at all to know the reason why you are fired?

And, by law an employer cannot withhold your salary. If he does you have the right to complain with DOL.

No. He does not interact with the client. And I can make it appear as client fired me. Client manager is in good terms with me. If I ask him to fire me (by asking him as a favor and no questions asked) - he will

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No. He does not interact with the client. And I can make it appear as client fired me. Client manager is in good terms with me. If I ask him to fire me (by asking him as a favor and no questions asked) - he will

 

That is unethical from your side.

Never do something like this.

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