H1B transfer, Plz Help!!

simon177

Registered Users (C)
:confused: I am now on H1B for last six months. However, it has made no sense so far, my employer failed to find a project for me. So I did not get paid. One the top of it, ...Recently, I had a disagreement with my employer and he told me to go home and think about my decision. The disagreement started when he asked me to give him my very personal info (parents, sibling, friends in US and back home). I told him that I can’t provide this kind of info. He got very mad and sent me home. Since then I am home for almost 2 weeks.

I even told him to give me printout of those forms so that I can consult with an attorney. However, he did not do that either. At last, last week he wrote me an email saying that I have to sign a five year agreement (before it was 3 years). Now, there is no way I am going to sign a five years agreement with this kind of employer and be a slave. And I am also don't know when they will be able to find a job for me.

I am also pretty sure he is looking for a good excuse to terminate me; he is not terminating me because he is having problems with DOL and other employees. Is there anyway I can find my own job and transfer my H1? I am worried since I have no pay stub. Some people are telling me that I can switch to another company but most probably I have to go back home to re-entry, since problem with my pay stub. In that case, I don’t think I can come back.

Should I hire an attorney? I mean, is it possible to switch to another company without pay stub?

Your help is appreciated.
 
Whatever be the case, you are currently out of status and I suggest you consult an attorney. I am not too sure whether H-1B transfer would be advisable as you are out of status, though it may be the fault of your employer.

Your new employer can file for a new petition and then you can apply for a visa at the consulate. I think this should be the best course of action, rather than accumulating your illegal stay in the US. Its better to seek professional advice.
 
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