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H1 Transfer- Previous employer Issue

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  • H1 Transfer- Previous employer Issue

    Hello All
    I need you help immediately!
    I came out of a project at a client site while employed with Employer A on june 1 2012.I found a full time opportunity with employer B at same time and joined employer B in July 2012.My H 1 is transferred and approved with Employer B.Now my Employer A is threating to take action.Since I am on payroll with Employer B starting July 2012.What will happen to m payroll for June?Can company A not run my payroll for June to harm me ?How will I recieve my W2 for thsi year and paystub for month of June?

    Please help!

  • #2
    Employment in U.S is at will basis. No one can threaten you to work for them. But if you have signed any agreement with the employer, then better consult a good labor attorney as there can be some actches in the agreement. The employer should pay you for the time you have worked for them. If not, you can complain to DOL and make them pay. By law, they have to issue you a W2 by the end of this year or beginning next year. If not, you can take legal action againt them.
    https://www.immihelp.com/h1b-visa-em...int-procedure/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for the response.I dont have any contract with them.Company says will not run paycheck for month of june.My worry is Will I be out of status for that month?My employer B filed my transfer on june 21 as in the records but then I joined them in July so I would still be needing my paystub from Employer A?? to be in status..

      I never informed them formally for the same reasons ..that they would trouble me with last month salary..Should I send out formal leaving notice?

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      • #4
        Company says will not run paycheck for month of june.My worry is Will I be out of status for that month?
        >>> Yes. If you really work, then the company should pay you. You can complaint to DOL and make the employer pay.

        My employer B filed my transfer on june 21 as in the records but then I joined them in July so I would still be needing my paystub from Employer A?? to be in status..
        >>> Yes. Any period of stay in U.S in H1B status without pay slip is considered to be out of status.

        I never informed them formally for the same reasons ..that they would trouble me with last month salary..Should I send out formal leaving notice?
        >>> That is a civil matter between you and your employer. If you have worked, then you should get paid. Follow the instruction in the link that I provided in my previous reply to file a complaint.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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