nik11 Posted August 7, 2014 Report Share Posted August 7, 2014 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? Link to comment
jairichi Posted August 7, 2014 Report Share Posted August 7, 2014 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. Link to comment
rahul412 Posted August 7, 2014 Report Share Posted August 7, 2014 I Que 3) If not above, Is there any way I can get my hard earned salary from Employer A? File a complaint against that FRAUD employer. So many unethical activities, what kind of employment is that? Link to comment
nik11 Posted August 7, 2014 Author Report Share Posted August 7, 2014 File a complaint against that FRAUD employer. So many unethical activities, what kind of employment is that? I am working on a contractual position. Link to comment
nik11 Posted August 7, 2014 Author Report Share Posted August 7, 2014 I understand that I can go to DOL. But is there anything wrong if I draw my salary from both? Link to comment
nik11 Posted August 7, 2014 Author Report Share Posted August 7, 2014 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 Link to comment
rahul412 Posted August 8, 2014 Report Share Posted August 8, 2014 I am working on a contractual position. So what?? You need to file a complaint if that employer doesn't pay you on time Link to comment
rahul412 Posted August 8, 2014 Report Share Posted August 8, 2014 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 Then why don't you just leave that client? Link to comment
JoeF Posted August 8, 2014 Report Share Posted August 8, 2014 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. Link to comment
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