From when, we shouldnt on bench after H1B transfer


Shilpa.alapati

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Hi Jairichi and all,

 

 I am working for emp A and got offer from emp B. and they started H1 transfer. I got receipt number today and it status is "My Case was Received". 

 

My question is

 

1. From when my paystubs should be active with Emp B

(If the Answer is after my petition is approved from emp B? then will it be a problem if i am currently on bench with Emp A without running paychecks ?

 

Please shoot me any questions if my question is not clear.. Thanks a lot.

 

Regards

Shilpa

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Employer A has to pay you even when you are on bench. If not you are out of status and H1B petition filed by employer B will be approved without I94 as you need to submit latest pay stubs from A to show that you are maintaining H1B status. If B's petition is approved without I94 you will need to exit and enter US with a valid H1B visa and I797 to start working for B. The only option you have for a smooth transition is to file a complaint with DOL against employer A. This will help you to get your unpaid wages and move to employer B without any issue.

 

Even though you can join employer B based on receipt notice it is always suggested to wait for H1B petition approval.

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Your current employer needs to pay you, even if he doesn't have a project for you.

He needs to pay you until you quit or get laid off.

If he doesn't pay you, file a complaint with DOL on form WH4.

 

Thanks JoeF. But smartly, my employer asked me to email for leave approval for total bench period.I am scared and with wrong advise i have sent an email requesting for Leave Approval and they approved.So no Pay Checks.

 

Should i accept any project with emp A till petition got approved with emp B? Or Am i safe now?

 

Regards,

Shilpa

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Thanks JoeF. But smartly, my employer asked me to email for leave approval for total bench period.I am scared and with wrong advise i have sent an email requesting for Leave Approval and they approved.So no Pay Checks.

 

Should i accept any project with emp A till petition got approved with emp B? Or Am i safe now?

 

Regards,

Shilpa

Even when on leave employer has to pay you as as there is no unpaid leave on H1B. File a complaint with DOL against employer.

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Thanks JoeF. But smartly, my employer asked me to email for leave approval for total bench period.I am scared and with wrong advise i have sent an email requesting for Leave Approval and they approved.So no Pay Checks.

 

Should i accept any project with emp A till petition got approved with emp B? Or Am i safe now?

 

Regards,

Shilpa

 

This fake leave letter is illegal as well.

File a complaint with DOL on form WH4.

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