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  #1  
Old 07-14-2012, 08:05 AM
sh19 sh19 is offline
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Default H1b Transfer: Ex employer harassing

Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) How can I receive the paystub for June, as I was legally working with them in June?
2) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
3) If they do so, will I be counted as out of status for month of June?
4) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!
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  #2  
Old 07-14-2012, 08:15 AM
mechanical13 mechanical13 is offline
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Default

I don't think there is anything called a "H1B transfer".

If you have a new H1B with employer B, then the H1B with employer A is no longer required.

You should definitely confirm with a lawyer, but revoking the first H1b will have no impact.

The only way the first h1b can impact you is if it was fraudulent (LCA issues etc) and the basis for the job has carried over to the new job.
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  #3  
Old 07-14-2012, 08:16 AM
i_my_Voice i_my_Voice is offline
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Default

Quote:
Originally Posted by sh19 View Post
Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) How can I receive the paystub for June, as I was legally working with them in June?
2) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
3) If they do so, will I be counted as out of status for month of June?
4) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!
Post this on AILA site so they ashamed of they being unpatriotic and trying to protect these AS-HO-- employers and wrong about Senator Grassley who os trying to expose these BLO--- employers....Heinous....Don't leave that employer. Tell him its not INDIA....
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  #4  
Old 07-14-2012, 08:21 AM
krishmunn krishmunn is offline
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Default

Since you have your new H1 approved, old employer withdrawing his petition will not have cause any problem.
As for paystub, did you get the pay ? If so, the bank statement will prove that . Pay stub is not required

If you did not get paid, file a complaint to DOL
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  #5  
Old 07-14-2012, 09:07 AM
pappu pappu is offline
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Default

sh19
I have not read your question. I only read the headline. But decided to post information below for the benefit of the community.


Guys,
Before someone posts an incorrect answer on this thread for such kind of threads that deal with employer exploitation, threats, revoking etc:

Please do not ever post answers to such questions if you do not know the answer. We have seen a lot of misinformed answers on forums. Many are also aimed at scaring the person in trouble. Just because someone is scared of standing up for himself and fighting for his right does not mean he will try to influence the other person in trouble with his weakness. IV platform is for generating awareness. Saying that consult a lawyer is also not a full answer. Sometimes employer threat is through a lawyer working in the interest of the employer. Sometimes the solution is as simple as directly contacting DOL and it DOES NOT COST MONEY. We need to provide enough information for the poster so that he has all the understanding of the situation and decides if he wishes to take action.

This is why HR3012 is important. The amendment is a step towards punishing certain employers that engage in fraud. The result of fraud and exploitation has direct consequences on the immigrant community and we need to stand up and weed out such bad apples. No matter how much people with selfish interests try to use scare tactics, we need to look at what is best for our community. Program needs to be fixed and made better so that it works as originally intended and helps fulfill US job needs.

The signature below has some information on how to report fraud and exploitation. Help spread the link around.
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Last edited by pappu; 07-14-2012 at 09:10 AM.
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  #6  
Old 07-14-2012, 12:40 PM
h1problem h1problem is offline
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Default Same situation

hello,

I am in the exact same situation here just that my former employer wants to revoke the h1 from a much previous date, when I have the paystubs before the month of June.
What I want to know is:
1. Is it possible for employers to revoke H1 from a previous date like this? Won't USCIS question them as to why they did it after 2 months?
2. As my h1 transfer was the change of employer petition, will it make me out of status for the month of June if they revoke my h1 from a backdate(as they have not provided me the paystub for June to show I was working with them)?
3. In this situation, if I don't do anything, and if later, USCIS asks me about being out of status in June, won't they ask me why I didn't take any measures, if I was working for them in June?
I don't want to go through the trouble of filing a complaint. It seems like a risky path to take.
Any help is appreciated.
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  #7  
Old 07-17-2012, 08:57 AM
ivgclive ivgclive is offline
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Default

Quote:
Originally Posted by sh19 View Post
Hi,

Background:
I worked on 'H1' for Employer 'A'. Then found a job with Employer 'B' and applied for H1B transfer. The process completed in 1st week of July, and I joined company 'B', also informed company 'A' of the transfer. Now employer 'A' is stating that they will revoke the H1B w.e.f. 1st June. Also, they have not released the paystub for June to me.

Questions:
1) How can I receive the paystub for June, as I was legally working with them in June?
2) Can the employer 'A' revoke an H1 w.e.f. 40 days ago?
3) If they do so, will I be counted as out of status for month of June?
4) Is there any special procedure I need to follow now for keeping working with Employer 'B'?

Thanks!
Check if you have anything to prove that you have worked till the last date with employer A. Emails, timesheets, communication etc. If you worry, get a letter from your supervisor or co-worker etc.

You said "the process completed" in 1st week of July, means what? Receipt notice or approved? When was it applied?
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  #8  
Old 07-17-2012, 09:54 AM
pappu pappu is offline
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Default

Quote:
Originally Posted by h1problem View Post
hello,

I am in the exact same situation here just that my former employer wants to revoke the h1 from a much previous date, when I have the paystubs before the month of June.
What I want to know is:
1. Is it possible for employers to revoke H1 from a previous date like this? Won't USCIS question them as to why they did it after 2 months?
2. As my h1 transfer was the change of employer petition, will it make me out of status for the month of June if they revoke my h1 from a backdate(as they have not provided me the paystub for June to show I was working with them)?
3. In this situation, if I don't do anything, and if later, USCIS asks me about being out of status in June, won't they ask me why I didn't take any measures, if I was working for them in June?
I don't want to go through the trouble of filing a complaint. It seems like a risky path to take.
Any help is appreciated.
Why?
What makes you think so?
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  #9  
Old 07-17-2012, 01:15 PM
h1problem h1problem is offline
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Default

I guess I am not sure if whatever I have is enough proof. What if after filing the complaint, they are not able to find the truth. Will it not be a problem for me then?
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