H1 transfer while on leave

[Rutu]

Hi All,
Thank you for providing this platform to get answers ..

I got my H1B approved in Nov - 2011 and I am on bench since then ( I was on H4 before that). I wrote a leave of absence without pay letter to my employer due to medical condition from Nov - 2011 to Apr - 2012. (He asked for that)

I am ready to work now and searching for project, but employer is not willing to work with me and he has requested resignation letter from me. I asked him to pay me for at least two months but he refused to do so.

Can I transfer my visa to another employer with no pay stubs if another employer is ready to hire me? I am not sure if my status is still valid even though I wrote leave of absence letter to my employer.

Also, if employer decides to revoke my visa without prior notice, what options will I have?

Thanks,
Rutu.

[shervin143]

There is no such thing as leave without pay when you are in H1B. If your medical condition did not allow you to work, then you should have converted back to H4. A transfer to a new employer or a COS to any other status is not possible when you are out of status on H1B. When you are in H1B, the employer should pay you irrespective of whether there is work or not. If not, you can file a complaint with DOL and make them pay. If you keep accumulating more out of status, you may end up facing a lot of issues later.
https://www.immihelp.com/h1b-visa-em...int-procedure/