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My H1B was approved (COS) and activated on 12/06/2016. The employer laid me off on 02/14/2017. He never pay me or put me in the payroll list officially during this period. The details of my situation are as following:
I went back my country due to family emergency on 01/13/2017.
I got H1B stamp and went back to the state on 02/09/2017.
I left this job on 02/14/2017 because the previous employer refused to pay me the H1B salary.
I didn't leave the state immediately because the attorney I consulted says I have 60 days grace period which is a new policy published on January, 2017.
I found a new company and they filed my H1B transfer without previous pay stub on 03/10/2017. USCIS received my case on 03/13/2017 but didn't issue a receipt number yet.
The new company's attorney says we have to file to Department of Labor and state workforce commission to demonstrate that I didn't get any pay when I worked for previous company. Then I can explain to USCIS why I don't have pay stubs from previous company. And also I can claim my salary.
My previous employer received the notice from Department of Labor and state workforce commission. He is totally pissed off so he asks an attorney to send a latter to USCIS and also to my new company, says he wants to revoke/withdraw my H1B. And he also mentions both the new company's and my address in the letter, he says I refuse to go back my county and still live in my current address after I am laid off. He claims that I am working for the new company without a legal status. But I am not working for the new company yet because I do have the receipt number of my transfer case.
My questions are:
1. Will his letter effect my H1B transfer application?
2. Should I find an employment attorney since I feel like the previous employer is making a reprisal?
Thank you guys.
I went back my country due to family emergency on 01/13/2017.
I got H1B stamp and went back to the state on 02/09/2017.
I left this job on 02/14/2017 because the previous employer refused to pay me the H1B salary.
I didn't leave the state immediately because the attorney I consulted says I have 60 days grace period which is a new policy published on January, 2017.
I found a new company and they filed my H1B transfer without previous pay stub on 03/10/2017. USCIS received my case on 03/13/2017 but didn't issue a receipt number yet.
The new company's attorney says we have to file to Department of Labor and state workforce commission to demonstrate that I didn't get any pay when I worked for previous company. Then I can explain to USCIS why I don't have pay stubs from previous company. And also I can claim my salary.
My previous employer received the notice from Department of Labor and state workforce commission. He is totally pissed off so he asks an attorney to send a latter to USCIS and also to my new company, says he wants to revoke/withdraw my H1B. And he also mentions both the new company's and my address in the letter, he says I refuse to go back my county and still live in my current address after I am laid off. He claims that I am working for the new company without a legal status. But I am not working for the new company yet because I do have the receipt number of my transfer case.
My questions are:
1. Will his letter effect my H1B transfer application?
2. Should I find an employment attorney since I feel like the previous employer is making a reprisal?
Thank you guys.
