H1 Transfer Date .. Plz Help

N

navinms07

New Member
Hello,

I am transferring from A to B both in California. Am breaking the contract with A by paying $8000 in damages to make myself get a clean exit. The contract had a non-compete clause and 1.5yrs of service which I can't fulfill. I have worked for 7months till now and have got a good offer from B directly. So want to join B.

1) For breakage charges, I have 2 options to pay. Pay $8K in check or leave 1 month pay. If leave 1 month pay, then my end-date with A would be 1 month earlier than my start-date with B. With no paystubs for this last 1 month, will I considered out of status ?

2) With no paystubs for this 1 month, Will there be any issues for GC process later ?


TIA for your expert advice,
Naveen.
 
1) You can join B once you filed transfer. If transfer has been already filed, you are free to join B even before start date.
2) Very unlikely.
 
Thanks for the quick reply, GotPR.

Am aware that I can join to B anytime after the H1 transfer is filed. I'm voluntarily agreeing to leave the last 4 weeks salary, which is not Taxed; rather than paying the same amount after Tax. So that I can save some money.

1) But my Q was without last 4 weeks paystubs, won't I be considered out-of-status ?

2) Is it very much required to have paystubs till the last day of employment ? Can my H1 transfer or extension in future be possibly denied if I can't show paystubs till the last day ? Am very scared of this situation.

Plz help.
Naveen.
 
1) if you are not employed, you are considered violating H1 requirement. Not having paystub alone does not make you out of status, but CIS may think so unless you can prove in different way.
2) The reason why CIS asks for the latest paystub is to prove you are in status. If you could not show it and CIS thinks you are not in status, your H1 transfer will be approved without I-94(They won't deny H1 on the ground of missing paystub). You just need to travel.
 
Last edited by a moderator:
You must log in or register to reply here.
Top