H1 Transfer - need advice

[raj_raj_raj]

Dear Friends,

Right now I am working with company A. My project is ending on aug 10th at client place. So I already booked ticket to go India for 1 month vocation. I will be back again on sep 10th ( exactly one month). My employer won't pay salary for this 1 month. So I wont get the pay check for this one month.

Actully my plan is after I returned from India, I would like to transfer to another company B. B'cas He is having project.

My question .

1. If I applied for H1 transfer with all my pay checks except one month. will they approve ?

Please let me know

Thanks

 

[mgh2001]

See reply to another question from attorney Jim Mills below:
The problem will arise when you re-enter the country and the company continues to not pay you.

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I agree that the person can take unpaid vacation for a legitimate reason and for virtually any period as a matter of law. As a practical matter, I believe that INS almost automatically believes that "unpaid vacation" means that the employee has either been illegal benched without pay bu the employer or that the employer terminated the employee and just did not notify INS. BCIS seems to belive almost automatically that no paystubs=out of status.

If the person is in the US the person MUST maintain their legal status or AOS may not be possible. If you are here on an employment based visa, you must be employed.


__________________
Jim

James D. Mills, Esq.
Attorney at Law
PH: 973-590-5110
PH: 732-939-2519
jdmills@jdmillsesq.com
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