Can I transfer H1b to new employer without having any Pay Check?


kothashyam

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Hi,

 

This year, my H4 got transferred to H1B but I have not got any client to work on and I have not get any pay check till now as my consultancy is not willing to pay without any client.

 

And I am not getting much help from my present employer/consultancy. So I am thinking of changing the employer.. But am i eligible to change my employer without any pay check?

 

I heard that, it is better to have atleast 2 or 3 pay checks to change employer which will help during stamping? I agree that.. but I just want to know how much it will help?

 

Could you please help me in getting right information about this query?

 

Thanks in Advance

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On H1, you need to get paid, even if you don't have a project. That's the LAW.

And the employer knows it. The law is referenced right next to the signature line on the LCA.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

And find a better employer, one who isn't a consulting company.

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"H4 got transferred to H1B but I have not got any client to work on and I have not get any pay check till now as my consultancy is not willing to pay without any client."

 

=> Employer has to pay you on H1b. It's law. Save your back by reporting against your employer on your state's DOL site using WH4 form. By the way you don't get paid, so you are out of status. Because on are out of status, you can't get H1b transfer / extension or COS. You have only option: either file WH4, or leave USA. By filing WH4 form, they will assign investigation officer and they will ask you employer to pay you. Though it won't make you in-status, but help for H1b transfer. This would also show that you are not partner-in-crime and aware of your H1b rights. 

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