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  • Employer threatens to Revoke H1

    Hi,

    My employer is not paying my salary for the last two months. I am insisting him to pay salary and provide paystubs.

    He sent me a mail that this sort of attitude is not tolerable and said that he is terminating me from emloyment with immediate effect (I am currently holding a job). He also threatened me that he will revoke the H1B.

    After further discussion he said he will pay my salary in mid August (I hope he gives me Pay Stubs also) and said "work till I pay salary in 15 days" (no written proof of that.

    Now what are my options:

    1. I have a company ready for H1 transfer, if I get the paystubs will I be able to transfer my H1 to the new company.
    2. My Employer is currently in India. Once he returns, If my Employer sends the request to USCIS to revoke H1B, how much time will it take to revoke H1B by USCIS.
    3. If my H1 revoke letter reacher USCIS earlier to my H1transfer papers will the transfer get stopped.
    4. Amidst of all these, I have proofs that I paid my employer for the VISA fees.

    Thanks for your help and suggestions.

  • #2
    Complain to DOL on WH4.
    This is my opinion and not legal advice.

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    • #3
      If you don't have latest payslips, then the H1B transfer is not possible. Without payslips, you will be considered to be out of status on H1B irrespective of whether you are in a job or not. The best way to get the transfer approved is by filing a complaint with DOL and then file a trasfer with the copy of the complaint. It works in most cases.
      Not a legal advice. Use of this information is strictly at your own risk.

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