H1B Question (Please reply)

[ashwinvisa]

Hi Friends,

I am working on H1B for Employer A . Now Employer B offered me a full time job and going to do my H1 Transfer. Employer B filed an LCA on 10th May 2012 and they are going to do H1 transfer by normal processing.

So my question is

1) When i can expect to start working for Employer B ?

2) Also do i need to inform my Employer A about quitting ? If i didn't inform him will he take any legal action against me ?

Please let me know your thoughts and advice on this.

Many thanks for your assistance.

Best Regards,
Ashu.

[shervin143]

1) When i can expect to start working for Employer B ?
>>> You are legally allowed to start working for the new employer once you receive the H1B transfer receipt notice. However, it is not advisable to do so. If thetransfer gets denied, you will end up leaving U.S. So to play safe, join the new employer once the transfer gets approved.

2) Also do i need to inform my Employer A about quitting ? If i didn't inform him will he take any legal action against me ?
>>> You can quit without informing. Have you signed any contracts with the employer. If yes, consulat a good labor attorney. If not, be professional and do inform them. Also, getting an experience letter from the current employer will help during the GC process and while applying for jobs in the future. It is good to quit an employer with good terms and avoid burning the brifge as you will never know when you might need their help (for a lettter, reference or something of that sort).

[ashwinvisa]

Thank you very much Shervin for your response.

After reading your response, today i had a word with my employer B and asked them to give me one more week to join. They agreed.

So i will give 2 weeks notice to my employer A.

But i am still thinking after giving 2 weeks notice also will my employer A will give me my pay, pay stubs and experience letter or not.

[shervin143]

They have to pay you until the last day of work. Otherwise you can complain to DOL and make them pay. Legally you cannot do anything if they don't give you an experience letter. You have to talk to your employer and try to get it as it is important for future petitions, GC process and visa stamping. If they won;t give it to you at any cost, then try to get the letter from your co-workers. In the second case, the letter need to be notorized.

[ashwinvisa]

Hey Shervin,

I gave two weeks notice to my employer A today. He is saying that i will get my May Salary (about 20 working days) in the month of August. .. I am really confused whether he will pay me or not...

Could you please suggest me what is the max date/month i should wait for my May salary. Otherwise i should go ahead and file a DOL form. ?

Is there any deadline to submit the DOL form after the last working day with your current employer ?

As always thanks for your help.

[shervin143]

I gave two weeks notice to my employer A today. He is saying that i will get my May Salary (about 20 working days) in the month of August. .. I am really confused whether he will pay me or not...
>>> Do you usually get the pay for each month worked after 2 months? If not, you should ask the employer to pay as per the usual schedule.

Could you please suggest me what is the max date/month i should wait for my May salary. Otherwise i should go ahead and file a DOL form. ?
>>> Usually a month or two.

Is there any deadline to submit the DOL form after the last working day with your current employer ?
>>> You should file the complaint within 1 year.

[ashwinvisa]

Thank you shervin for your guidance.

If i work from May 1st to May 30th, then on May 30th i will get the salary for the working period May 1st - May 15th. So he keeps the 15 days buffer.

He is telling me that he didn't get the pay from middle layers.. (I believe that is none of my business. If i submit the timesheets to clients, and send the timesheets snapshots to my employer than my employer is responsible to pay me. I have nothing to do with middle layers)....

I will wait for 1 month ... Else i will go ahead and file complaint with DOL. I Will keep the timesheets copy as proof while filing the complaint.

Best Regards,
Ashu.

[shervin143]

Yes. The employer should pay you irrespective of whether the Vendor pays the employer or not. USCIS did not approve your petition based on the Vendor.

Thank you shervin for your guidance.

If i work from May 1st to May 30th, then on May 30th i will get the salary for the working period May 1st - May 15th. So he keeps the 15 days buffer.

He is telling me that he didn't get the pay from middle layers.. (I believe that is none of my business. If i submit the timesheets to clients, and send the timesheets snapshots to my employer than my employer is responsible to pay me. I have nothing to do with middle layers)....

I will wait for 1 month ... Else i will go ahead and file complaint with DOL. I Will keep the timesheets copy as proof while filing the complaint.

Best Regards,
Ashu.

[ashwinvisa]

God Bless you man ! Thanks for all your help from last few days !

Take Care,
Ashu.