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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 05-14-2009, 07:20 PM
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Default H1 visa transfer without loosing pay

Hi I wanted to transfer my H1 visa from existing consultancy to another one. The current consultancy pays my salary after 45 days, so they always have 45 days of my pay. My question is if I change my consultancy will I get that 45 days pay or not? If I don't get my pay then what are my options? Do I have to loose that money? All i know is my current consultancy is in bad shape. Recently got audited or something. And they have reduced my pay with out notice. They r saying that they will deduct some part of my pay and cover it when I am in bench. I don't know what to do. I ask them to email me the details but they refused. They just explain me on phone that's all.

Is it good idea to do H1 transfer now? How many pay checks do I need to show? I have been working since April 1st on new project. It is long term mostly 2 years.

Please let me know what I should do? I have been with this company for past 2 years. But they r doing like this to me.

Thanks.
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  #2 (permalink)  
Old 05-14-2009, 07:56 PM
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Originally Posted by northedman View Post
Hi I wanted to transfer my H1 visa from existing consultancy to another one. The current consultancy pays my salary after 45 days, so they always have 45 days of my pay. My question is if I change my consultancy will I get that 45 days pay or not? If I don't get my pay then what are my options? Do I have to loose that money? All i know is my current consultancy is in bad shape. Recently got audited or something. And they have reduced my pay with out notice. They r saying that they will deduct some part of my pay and cover it when I am in bench. I don't know what to do. I ask them to email me the details but they refused. They just explain me on phone that's all.

Is it good idea to do H1 transfer now? How many pay checks do I need to show? I have been working since April 1st on new project. It is long term mostly 2 years.

Please let me know what I should do? I have been with this company for past 2 years. But they r doing like this to me.

Thanks.
1. They can not hold your salary for 45 days. Its simply illegal.
2. You can transfer your H1B to different company and do not need to tell the current employer.
3. Still if they do not pay you the remaining salary, call the DOL and complain.

DOL will make sure that you are getting paid and your employer will be royally screwed. But if you are going to DOL, first give warning to your employer. If they dont pay any heed then complain.

But make sure your H1B is transfered before anything.
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