myusernameh1 Posted January 5, 2016 Report Share Posted January 5, 2016 Hi I have a valid h1-b with company A till Sep 2016. Company A is merged with company B and filed H1-B Transfer( A to B Transfer) for Company B in May 2015. It is still in process. I am getting Pay from Company B one month delay. Ex: I worked for January 2015 , i will get pay in March pay check for the period January. I got a new offer from Company C and second H1-b Transfer (company B to company C)is Initiated. what is the better time to inform my previous employer regarding the change of Employer? what would be the case if I join to company C in January and waits for one month to inform about my employment change to previous Employer(Company C) so that I can get my previous month(December) pay in February. Thanks in Advance Link to comment
jairichi Posted January 6, 2016 Report Share Posted January 6, 2016 Since your salary is delayed each month you need to file a complaint against employer with DOL. This will get your salary dues and smooth transition to new employer. Link to comment
adammary90 Posted January 11, 2016 Report Share Posted January 11, 2016 Hi, I am on H1b 5th year. During my first 3 years I was in india. 1 mont before my visa expire I was in US & applied for extension & got approved. From last 3 months my employer has not run my payroll. I am on biweekly payroll. My 5 paycheck are still pending . When I asked about my payroll, he keeps on saying that he had done investment in Canada & company is facing some financial issues. Every time I follow up he credits few amounts to my account without running payroll. I am planning to travel to india in sept. I have to go for stamping as well . Will, not running payroll will be an issue during stamping ? Is there any law which helps me to get my pending payrolls from my employer without effecting my status ? If I transfer visa to new employer then can I still work with my old employer ? Pls reply. Thanks in advanced. Link to comment
jairichi Posted January 11, 2016 Report Share Posted January 11, 2016 You are out of status by not getting paid. You need to file a complaint against employer with DOL. This will get your salary dues and smooth transition to a new employer. Link to comment
JoeF Posted January 11, 2016 Report Share Posted January 11, 2016 On H1, you have to get paid all the time. You won't get a visa if you don't get paid. And you can't transfer to another employer, either. File a complaint with DOL on form WH4. The DOL will make the employer pay you. A pending WH4 allows you to transfer to a new employer. Link to comment
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