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H1B - Out of Status

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  • H1B - Out of Status

    Hi,
    Have a query - Currently Im on bench and paid semi-monthly. When next payroll runs, paystub gets generated for Sept 1- 15 and later I join another company. For any reason if the current employer
    does not generate the pay stub for Sept 15-30 after i resign now. Will it result in any issues?

    Please help me to understand this situation.

    Thanks,
    Rajesh

  • #2
    Originally posted by rajr1980 View Post
    Hi,
    Have a query - Currently Im on bench and paid semi-monthly. When next payroll runs, paystub gets generated for Sept 1- 15 and later I join another company. For any reason if the current employer
    does not generate the pay stub for Sept 15-30 after i resign now. Will it result in any issues?

    Please help me to understand this situation.

    Thanks,
    Rajesh
    Yes, you could potentially go out of status. Irrespective of you being on bench or not, the employer , by law, should pay you as per LCA.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you Raghvi. But by sept 30, the h1b visa transfer was filed by new employer. Isn't my employment continuous. Do you still see a issue.

      Comment

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