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Can i be on payroll even before receival of EAC# for H1-Xfer

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  • Can i be on payroll even before receival of EAC# for H1-Xfer

    My H1 transfer has been filed at VSC in the first week of June. During the same time i even started working at the client site. My employer is waiting for my EAC # to put me on the payroll. My EAC has not come yet and im not getting paid too, not even a personal check from my employer. Can someone tell me how to deal this situation ..

  • #2
    Re: Can i be on payroll even before receival of EAC# for H1-

    Oh my God, tell that guy to pay you now. You only need to have the case FILED in order to be placed on payroll when you are filing an H-1B transfer from one company to the next. (I am assuming you did not file this H-1 transfer after the expiration date of your first H-1)?

    If it is the case that you filed before the expiration date of your previous H-1 and you are only switching employers, Tell your current employer that it is very much common knowledge in Immigration law that you need not wait for a receipt notice. The language of the law says, WHEN FILED. And subsequent interpretations from the INS have also confirmed this.

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    • #3
      Re: Can i be on payroll even before receival of EAC# for H1-

      If you're working, you must be paid. If the employer's interpretation of the law prevents you from being paid, for him to say that you are legally able to work is contradictory.

      Jim

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