H1 Transfer - How much time? Can old employer block me?

[mkk]

Hi,

I'm on H1B but my employer had recent troubles so they are not paying me enough to match up to my promised salary.

- I have the last three paystubs acc: to the biweekly salary payments made. Which are a little less than the full amount.
- I have a good offer who wants to join immidiately, possibly in April and will be applying for GC.

My question is -

- When should I let the current employer know? Or should I just apply for the new visa transfer and change job when I get the receipt?
- Because my paystub salary is a little lesser than the promised amount, will there be a decline in visa?
- After I join the new employer with the receipt (visa not approved) can the old employer create any problem?

Thanks

[shervin143]

Hi,

I'm on H1B but my employer had recent troubles so they are not paying me enough to match up to my promised salary.

- I have the last three paystubs acc: to the biweekly salary payments made. Which are a little less than the full amount.
>>> Is your salary less than the approved LCA. IF yes, then complain to DOL and make the employer pay. Getting paid less than the LCA will put you in trouble.
https://www.immihelp.com/h1b-visa-em...int-procedure/


- I have a good offer who wants to join immidiately, possibly in April and will be applying for GC.

My question is -

- When should I let the current employer know? Or should I just apply for the new visa transfer and change job when I get the receipt?
>>> You can inform after the transfer is filed and you have received the receipt notice. You are allowed to join the new employer only after receiving the receipt notice. However, it is advisable to join the new employer after the H1B transfer approval because if the transfer gets rejected and if you have already started working for the new employer, you will end up in trouble.


- Because my paystub salary is a little lesser than the promised amount, will there be a decline in visa?
>>> Possible if the salary is less than the approved LCA. One option is to file a complain with DOL stating that your employer ius not paying you as per the approved LCA and then file the transfer with a copy of the complaint and that will work.


- After I join the new employer with the receipt (visa not approved) can the old employer create any problem?
>>> It depends on whether you have signed anything with the employer or not. If you have signed any documents with the employer then consult a labor attorney. If you haven't signed anything, then you can join the new employer with just the receipt notice. However in your case since your pay is less than the approved LCA, there can be RFE from USCIS or it can get denied. So it is advisable to join only after the petition gets approved. There is a premium process that will get you the result within 15 days.