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Urgent Help Needed: H1B Out Of Status

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  • Urgent Help Needed: H1B Out Of Status


    The situation is ->
    I am on H1b visa, I still have 2 years on my H1b Visa. My current employer has not paid me for 3 months, because they don't have money to pay me. So, I don't have any pay-stubs. I got a new offer, and need pay-stubs to transfer the visa. After, I told the old employer about it, they forced me to resign from current company, they pressured me, and I had to resign. Now, I would like to start my H1b process with New employer? I just have current employment letter. So, what will be the issues/answers for the following:

    1) Is there any problem for new employer to apply for my H1b visa, if I don't have the pay-stubs, and I have resigned? Is this a valid case to apply for H1b visa?

    2) What will be my status after I resign from old company? How many days I can stay in US? How many days I have to apply for new H1b visa?

    3) If my H1b is revoked from old employer, how many days I have to apply for the H1b transfer? Can we still file a H1B application? Can USCIS approve my application?

    4) Are there any possibilities which can reject my H1b application?

    5) should I file Wh4 before or after my H1B transfer?

    It would be a great help, if you could answer my questions.


  • #2

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.