Leave of Absence and Employment Verification Certificate

[ashish157]

I am working with employer A and my project had overed at the end of Feb 2015. After that I had on bench for 1 month. I started new project on April 1 2015.

During the month of March my employer asked me to sign Leave of Absence and he had not run payroll for the month of March. When I ask for my status he told me he can provide letter of employment verification which is valid proof for current status.

Now I got another opportunity with employer B. For H1B transfer they ask me last 3 pay stubs.But I don't have pay stub for the month of March, but I can provide pay stub for April.

 

Please clarify me following questions:

 

1. Is employment verification which is valid proof for current status?

2. Is there any issue if I provide pay stub for Jan, Feb and April for H1B transfer along with employment verification letter to prove I am with employer A during month of March?

3. How many minimum pay stub I need transfer H1B?

3. Employer B is not ready to tranfer H1B on premium mode? Is there any risk in future?

 

[JoeF]

Such fake leave of absence is ILLEGAL!

On H1, you need to get paid ALL THE TIME, exen on bench! That is the law. And the employer knows it.

You have been out of status, which makes a transfer impossible.

File a complaint with DOL on form WH4. A pending WH4 also allows you to transfer.

[rahul412]

You need to have pay stubs even when you are on bench, you cannot file H1 transfer without latest paystubs

File a complaint against that employer for not paying you the salary or forget H1 transfer.

[ashish157]

As per my new employer,  he said he has direct client letter,  he can initiate the transfer with one current pay stub.

 

1. How many latest pay stub required for H1B transfer?

2. Is there is still risk involved in H1B transferring?

[JoeF]

A transfer will not get approved because you were out of status.

File a complaint with DOL on form WH4. That is your only option to get a transfer done.

[ashish157]

Thanks for response. 

 

I have some question on WH4 complaint.

1. When my existing employer will know I had filed the complaint to DOL on WH4 form?

2. How much time I will get in between filling complaint and transferring H1B?

3. Is copy of complaint form will work in H1B transfer or I need to wait for some receipt?

[JoeF]

Why would you care if the employer knows? In fact, it has been the experience that simply telling the employer that you will file a complaint often has resulted in them paying. The employer knows that he is breaking the law. He just hopes that you don't know.

DOL usually will not tell the employer about who filed the complaint, but it is probably not that hard to deduct.

DOL would give you a receipt. A copy of that can be attached to a new H1 petition from a new employer.

[rahul412]

Thanks for response. 

 

I have some question on WH4 complaint.

1. When my existing employer will know I had filed the complaint to DOL on WH4 form?

2. How much time I will get in between filling complaint and transferring H1B?

3. Is copy of complaint form will work in H1B transfer or I need to wait for some receipt?

Contact DOL, they will guide you on what to do next.