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H1b Transfer and Employer issue

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  • H1b Transfer and Employer issue

    I worked on company A for almost 2 years and they filed my green card after my I
    140 approved I changed my employer to company B.

    now company B try to black mail me and did not provide me any documents up till now (receipt notice, receipt number or I-797 etc) I emailed them lots of time call them but no reply on this issue they just said we transferred your visa I worked with them for 2 week.
    and on top of them they stop my Pay which they have to give my.

    After 2 week my last employer company A got a job for me and ask me to join them and I accept this offer.

    my questions are :

    1. Is there a way I can go back to company A without I-797 or receipt notice. I thing they didnt revoke my last H1B petition. and they told me that they already send an application for transfer and they have a fedEx receipt so I can start with them without any problem.

    2. How can I take action against company B so that they provide me receipt notice or I-797.

    2. since company B didnt pay me how can I take action against them so I can get my pay.

    4.the new job offered by Company A has less salary then the one i am getting while working with them previously, is this impact on my I-485 process.

    Please I appreciate a if you give me any quick response.

    Thanks in advance

  • #2
    1. Is there a way I can go back to company A without I-797 or receipt notice. I thing they didnt revoke my last H1B petition. and they told me that they already send an application for transfer and they have a fedEx receipt so I can start with them without any problem.
    >>> Leave the country (return all your I-94s) and return back on Company A's petition and start working for them. Or see if company A can pay you for the 15 days you were not working with them to fill the gap to show that you did not even leave them. Make sure Company B doesn't pay you for the same period as you are not allowed to have multiple pay checks from different employer for the same pay period.

    2. How can I take action against company B so that they provide me receipt notice or I-797.
    >>> You cannot do anything. Joining them without even getting a copy of the receipt notice is your ignorance.

    2. since company B didnt pay me how can I take action against them so I can get my pay.
    >>> What is the guarantee that they even filed your H1B transfer at the first place? If they did not and if you have worked for them, then employment is illegal and you will get into trouble. If you have proof that they filed your H1B transfer, then you can complain to DOL and make them pay for the period you were with them.
    https://www.immihelp.com/h1b-visa-em...int-procedure/


    4.the new job offered by Company A has less salary then the one i am getting while working with them previously, is this impact on my I-485 process.
    >>> Take a copy of your approved LCA with Company A and see if the new pay is less than what is mentioned in the LCA. Yes, then it will cause issues. In that case, the employer will need to file a new LCA and amend the H1B petition.
    https://www.immihelp.com/h1b-petition-amendment/
    Not a legal advice. Use of this information is strictly at your own risk.

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