H1B Urgent please advice

[Someonevenziar]

HI All,

I have a doubt. Mines is a fresh H1B I came in Jan it has been two months My Employer haven't found me any project till know.

while i was not in project my employer paid me differed pay roll for 15 days. Got one pay slip.

Due to personal emergency i am planning to travel back to India. Not sure when i will be returning Back.

What my employer can do ? Will he harm me in any ways ?

Can i transfer my visa to another Employer when in india?

Please Please kindly advice. ASAP.

[raghvi]

HI All,

I have a doubt. Mines is a fresh H1B I came in Jan it has been two months My Employer haven't found me any project till know.

while i was not in project my employer paid me differed pay roll for 15 days. Got one pay slip.

Due to personal emergency i am planning to travel back to India. Not sure when i will be returning Back.

What my employer can do ? Will he harm me in any ways ?

Can i transfer my visa to another Employer when in india?

Please Please kindly advice. ASAP.

What happened to the project claimed by your employer while filing your H1 petition?

Many employees get caught in this web, where the employer shows a non existent/internal project and gets H1 for employee approved. USCIS doesnt not have resources to verify genuineness of each and every project hence approves it, and actually on the ground there is no work for the employee.

You are at least slightly better off as you still are getting paid, many dont get paid and end up paying from one's own pocket, just to generate the pay slips.

The employer most probably would not pay you while you are in not US, they may revoke the H1 too. Irrespective, as you are already cap counted, another employer can file a cap exempt H1 for you. Do keep a copy of the H1 approval notice.

Yes, you can do a "transfer" what the next employer needs to do is file is LCA and a cap exempt H1 petition, once it is verified and approved by DOL and USCIS, you can travel back into US with existing valid H1 visa but along with new petition of new employer.

This is my opinion not legal advice.