Urgent Help Needed H1-B

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Working in a company "A" under H1-B. Get another Job at company "B". About 10 days ago (7/27/15) company "B" filed H1-B petition and waiting for the receipt number.

I gave 15 days leave notice after a week (8/3/15) of filing of H1-B petition (assuming that the receipt will come in 10-15 days). Its about 10 days nothing from the Company "B"'s lawyer. I told Company "B" that I can join by 8/24/15. They are ok with this schedule. I should have waited to give 15 days notice until I receive the receipt number :(.

Today, Company "A" blocked my paycheck of 7/20/15 through 7/31/15. May be they are trying to squeeze out the money they paid for my H1-B. I know it is illegal to do so, but considering the consequences I come up with few questions. If you guys have some idea.

1. Since petition already been filed from company "B" what will be my options? Can I complain to Department of Labor/USCIS about this case? I don't want to jeopardize my status.

2. What will happen if my payroll is not showing for almost a month? Last paycheck I got was on 7/24/15. That means, if they block my next check before I leave, it will be without payroll for a month. Will I be out of status by that time even though another company already filed application?

Kalomukh

Last edited: 07-Aug-15 03:27 PM

mero_naam_ho

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why the hell they blocked your pay check? Its a law that employer should pay for h1-b filling fee not the employee. Period. Trying to block the pay check to deduce the amount they have spend to file for h1b is completely illegal. I can't say much about what will happen to your status cause I am not an attorney but I can tell you what to do in order to get your pay check out from your previous employer.

As long as I know once your h1-b petition get approve for your new employer, it will not jeopardize your status. So it all depends on how your new h1-b will go ? Your status has nothing to do with your previous h1-b status assuming that your previous employer has already terminated your old h1-b.

Go to the Department of labor website and download the wage claim form. Fill the form and sign it. Then send a copy to your previous employer that you are preparing to file a wage claim against them if they don't pay you. Most likely they will pay you after that. If not then go ahead and file a complaint against them.

This is just an opinion not a legal advice

Last edited: 07-Aug-15 04:27 PM

sojoketo

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just don't panic
I understand as your h1b petition has already been filed by company B, paystub thing may not create any problem.
if i were you i would have done PP processing and waited till h1b gets approved for company B.

1. if i were you i would wait to complain to DOL or sue until i get a recipt

2. I understand, One must be good when they have their last paystub (30 days) ahead of h1b petition(transfer). You can always ask with the lawyer from company B.

don't panic.

tpsfornepal

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I was in the same boat 2 yrs ago. My previous employer was ignoring to pay my last paycheck and threaten me to revoke H1B. I called labor of department and explained the situation to an officer. I emailed my employer saying I have talked to DOL officer and about to file claim (DOL officer gave me this email idea). Boom!! got my money next day. It's big issue for company if you file the case so they usually don't want to go through that route.
Don't worry --You'll get approved soon. Good Luck !

kalomukh

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Thank you Guys, I will wait for the receipt.

Do you know generally how long it take just to get receipt number?

Thank you once more.

microbiology

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Should be 10-15 days

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