H1-b Transfer - Payroll

[myusernameh1]

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

 

 

[jairichi]

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.

[adammary90]

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.

[jairichi]

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.

[JoeF]

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.