Please clear my doubt

[mail2aly]

Hi Experts,

I have read N number of times while on H1 one has to get paid,given the below scenario how will it work.

1) Tom is working for employer A.
2) employer A lays off Tom.
3) employer B & employer C files for Tom's H1 Xfr for a regular processing. (2 months time frame)
4) I believe neither employer B nor employer C are bond to pay or hire Tom untill the H1 gets approved.
5) Per comments from Experts Tom is out of status and needs to submit WH-4 to DOL(the H1 Xfr above is still PENDING)
6) In that case who should Tom complaint against employer B or employer C.

Please clarify.

[txh1b]

What was the agreed upon joining date and which employer did you agree to join?

[mail2aly]

Hey txh1b you are rendering a great service to this forum,appreciate that.

Lets assume Tom has accepted to join employer C,but employer C condition is that he will hire Tom only after the H1 approval,and its close to 5 months the case is still pending.

txh1b your thoughts on the above.