H1B transfer: Ex-Employer harassing

[sh19]

Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
2) If they do so, will I be counted as out of status for month of June?
3) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!

[shabba]

You need to document the fact that you indeed worked for Employer until end of June.
Your Timesheets from the client is a good evidence and since you wishfully terminated your job, that should also be documented for the date, also document the fact when Employer A informed (nor he never did) you that your job is terminated. Remember you can threaten him back and he will at higher risk, for alleged non payment of wages. Be bold and stand up for your rights.

[mayurcreation]

Originally Posted by sh19

Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
2) If they do so, will I be counted as out of status for month of June?
3) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!

You can leave your employer from date USCIS receive H1B transfer application.

In your case if you have approved timesheets from client than you are safe. Your old employer is just threatening you so you don't leave them.

From now onwards communicate with your old employer on email only and try to leave your old employer with good terms as you will need experience letter from them.

Don't worry you are free bird and join your new employer ASAP with full confidence.

Good Luck!!!

[spiderman]

It is very unfortunate that we have employers who dare to behave like this.

But, please be educated on what this country bestows upon every one of us, including 'aliens' like us.

Answers:
1) NO. However, you need to, maintain clear evidence that you have performed work and kept up your end of the deal until H1 transfer was filed.

2) NO. The employer is 'harassing' you. Keep communications in email. You are able to sue them for this kind of harassment. In fact, PLEASE report such behavior to DOL. You will be doing a great favor to the entire immigration community by helping to weed out such Visa-Abusing-companies

3)Nothing. The moment you receive confirmation that H1 transfer has been applied, you are to move over to the new company. There is nothing the old company can legally do to you.

AND HERE IS THE BOTTOM LINE:
When on H1, you are supposed to be gainfully employed full time with the sponsoring employer. And you do this at your FREE WILL. When you choose to move on to something else, as long you have not broken any rules, NO Employer can force you to do anything! Even if the employer has gotten you to sign contracts that say otherwise, such contracts are UNENFORCEABLE in most jurisdictions. To the opposite affect, such contracts can open up employers to harassment law-suits.

STAND UP STRAIGHT! THIS IS USA.

Originally Posted by sh19

Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
2) If they do so, will I be counted as out of status for month of June?
3) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!