Is this legal?

A

americandesi717

New Member
Can some employer just transfer somebody's H1B visa
and then not have that person on payroll?


Is this legal?

If this is illegal ... what can be done?
 
this is legal for employer but not for the person who was transferred and did not become an actual employee.
 
Last edited by a moderator:
For the company, it is OK not to hire, however this may create complications when they will request INS to process any other H1s.

The person is out of status and has to leave the US within a timeframe specified by INS (i don't remember but it may be 90 days or so). The person will probably fail to transfer this H1 to any other company because INS requires paystubs from the previous H1 sponsor.
 
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