h1 transfer

P

paris2007

Registered Users (C)
Hello,
I need help. I am on h1b visa n some company holds my visa. The thing is I am in Usa from last 6 months and havent work on any project yet. I think my company is not marketing properly. I had hardly given one or two interviews with any client in these 6 months. Now I am appling for the job directly,but everybody is asking for H1 transfer. As I havent work on any project I dont hav any payroll stub.and this company is not giving me any banch pay too.Now it is really hard for me to be with this company.
Please anybody advice me with this issue.
I will appreciate early response.

Thanks in advance
 
Hello rchandran,
Thanks for the reply.
Could u please tell me how to file complain at DOL. what i need for it. If i file the complain will there any problem to my visa status.
Please reply me as soon as possible.

Thanks
 
rchandran_19 said:
Your company cannot keep you without paying. You can file a complaint with DOL.
Click to expand...
You must file Complaint, Employer must pay you according to LCA wages it is not your duty to find a job and on H1 BENCH or TABLE is NOT allowed
Read Below or Call your local DOL

Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
 
Hello Ginnu,
Thank you very much for your advice. I never know about all these laws and rights. I have one more question. Can Dol help me to transfer my H1b to another consultant ?

Thank you again
 
paris2007 said:
Hello Ginnu,
Thank you very much for your advice. I never know about all these laws and rights. I have one more question.
Can Dol help me to transfer my H1b to another consultant ?
------------------H1 Transfer is not under DOL
Thank you again
Click to expand...

----------------------
 
Hello,
Can I ask my employer to pay me bench salary ? If yes then how much they should pay me on bench ? Is it compalsory for every employer to pay bench salary to their employee when they are on bench ?

Thanks in advance
 
paris2007 said:
Hello,
Can I ask my employer to pay me bench salary ?
----YES, BENCH is NOT allowed
If yes then how much they should pay me on bench ?
----what was agreed OR what isminimum on LCA
Is it compalsory for every employer to pay bench salary to their employee when they are on bench ?
-------YES, they cant keep employee on Bench or under Table
Thanks in advance
Click to expand...
------------------
 
Hello,
If I file complain against my employer, Is there any posibility that I am sent back to my country by DOL ? or my visa might be cancled ?
As i m without pay for amost 6 months, does immigration department create problem to my visa ?
Please advice,
thanks
 
paris2007 said:
Hello,
If I file complain against my employer, Is there any posibility that I am sent back to my country by DOL ?
-------------NO, DOL job is not sending back, DOL will recover your wages and Employer will not be able to file any H1 in future DOL will inform about the employer to USCIS and employer will also fined for not Paying you.
or my visa might be cancled ?
As i m without pay for amost 6 months, does immigration department create problem to my visa ?

------you should go to DOL and file complaint? and keep the copy of Complaint with you
Please advice,
thanks
Click to expand...
If you have other employer ready to file H1 Transfer for you then Transfer H1(dont inform Present Employer) and attach the Copy of your DOL complaint with papers of H1 filing.
If still confused talk to good lawyer
 
Regarding H1B

I got H1b visa(previously i had H4) through a consultant valid from october 2007 but till now no job or paystub or offer letter.

1) I want to complaint to US DOL about this consultant. But how can i prove that they are my employer? I have only I-797A paper with me.

2) If the employer comes to know about my complaint to DOL,can he cancel the H1B visa? I have H4 valid till 2010? DO i still have to leave the country?

3) Will it affect my H4 stamping, My husband's H1B visa and our Future GC processing? Do I need any lawyer or can i do it on my own?

Pls reply to my questions....

Really appreciate ur help...
 
stillwater said:
I got H1b visa(previously i had H4) through a consultant valid from october 2007 but till now no job or paystub or offer letter.

1) I want to complaint to US DOL about this consultant. But how can i prove that they are my employer? I have only I-797A paper with me.

2) If the employer comes to know about my complaint to DOL,can he cancel the H1B visa? I have H4 valid till 2010? DO i still have to leave the country?

3) Will it affect my H4 stamping, My husband's H1B visa and our Future GC processing? Do I need any lawyer or can i do it on my own?

Pls reply to my questions....

Really appreciate ur help...
Click to expand...


your employer filed NEW H1 or H4 to H1 Change of status
Do you have I-94 attached with your H1 approval notice?
Did the employer file H1 when you wre in US
Do you have I-94 based on H1 or H4 status
Did you enter last on H1 or H4 status, Provide dates
when was H1 filed

**** your husband H1 or his GC has nothing to do with your employer who filed H1 for you.
 
RE: Ginnu's ques

Hi Ginnu,

Thanks for ur reply ....
here is the answer to ur question

1) He filed for change of Status from H4 to H1b(I-797A)

2) No i don't have 1-94 attached with h1B visa....as I didn't go out of USA till now.

3) yes, I was here when the employer filed my H1B visa.....note i didn't go out of usa From October 2005 And my H1B visa was filed in April 2007 quota.

4) i have i-94 based on H4 visa.

5) I entered USA in October 2005 on H4 status, H1 was filed in 2007 April quota...got it approved in 2007 July, but it was valid from October 2007.
 
Pls reply

Hi guys,

can u pls tell me how can i filethe complaint....do i need to go to any regional DOL office and to it....or i need to hire a lawyer....pls anybody had done this before ....can u pls share UR experience with me...i really need help..
 
stillwater said:
Hi Ginnu,

Thanks for ur reply ....
here is the answer to ur question

1) He filed for change of Status from H4 to H1b(I-797A)

2) No i don't have 1-94 attached with h1B visa....as I didn't go out of USA till now.
-----------------again check the H1 approval notice I-94 may be attached lower Right side of the approval notice(it is NOT white I-94)
3) yes, I was here when the employer filed my H1B visa.....note i didn't go out of usa From October 2005 And my H1B visa was filed in April 2007 quota.

4) i have i-94 based on H4 visa.

5) I entered USA in October 2005 on H4 status, H1 was filed in 2007 April quota...got it approved in 2007 July, but it was valid from October 2007.
Click to expand...

--------
 
stillwater said:
Hi guys,

can u pls tell me how can i filethe complaint....do i need to go to any regional DOL office and to it....or i need to hire a lawyer....pls anybody had done this before ....can u pls share UR experience with me...i really need help..
Click to expand...

Read the Links Posted above go to any DOL office
 
Hi Ginnu,

Yes i have check it, The H1B petition has attached I-94 to it. So pls tell me will be any problem if i go for H4 visa stamping now....What should i do... somebody told me if i am more than 6 months without job than i am out of status...he told me that i will not be able to get h4 visa any more....and will be banned from getting any visa for atleast 3-4 yrs....

Pls suggest me something, will i be able to go for h4 stamping... will they ask me about this h1 petition..what should i say....
 
stillwater said:
Hi Ginnu,

Yes i have check it, The H1B petition has attached I-94 to it.
So pls tell me will be any problem if i go for H4 visa stamping now....What should i do... somebody told me if i am more than 6 months without job than i am out of status...
--yes you are out of status but not staying Illegally in US

he told me that i will not be able to get h4 visa any more....and will be banned from getting any visa for atleast 3-4 yrs....
-----------------Not true. you have valid I-94 and not staying more than 6 month of I-94 expiry date. that "someone does not know the diffrence between Illegally and out od status
Pls suggest me something, will i be able to go for h4 stamping... will they ask me about this h1 petition..what should i say....
---------------you can go for H4 visa stamping, if they ask about H1 petition tell the truth that employer did not pay and if you file complain against employer with DOL then take the copy of your complaint. show only what is asked and reply only what is asked
Click to expand...

---------------------
 
re

Hi Ginnu,

One thing more if the employer who filed my H1b visa revoke my h1b visa ...in that case what happens i am back to h4 visa or not??
CAn i transfer i h1b visa to h4 over here in USA without going for stamping to india....

Pls suggest something.....
 
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