pls Advise :- H1 transfer gap , working with client on gap period

O

onh1bvisa

Registered Users (C)
I was on H1b visa of company A ,
Company A has my subcontract with company B , and company B
has subcontract with client(Company C) for me , where i am finally working .
Everything is fine .

Now i had some problem with Company A so i shifted my H1
to company D , and now it has subcontract with company B .and i am
still working for company C .

Problem is In between shifting the H1 there was some time lag . for that
time company B was still billing to client(company C) and not paying to company A nor company D .
and after shifting my H1 company B is now paying to company D .
My question is
1) what kind of problems this can create , and how can i
get the payment for that period .
2) is it be illigal for company B to have my contract with client(Company C) even
though for that period i was not on anyone's H1 .
3) Now this has already happened , so whats the best solution to resolve it .

Any expert advice will be of great help
 
onh1bvisa said:
I was on H1b visa of company A ,
Company A has my subcontract with company B , and company B
has subcontract with client(Company C) for me , where i am finally working .
Everything is fine .

Now i had some problem with Company A so i shifted my H1
to company D , and now it has subcontract with company B .and i am
still working for company C .

Problem is In between shifting the H1 there was some time lag . for that
time company B was still billing to client(company C) and not paying to company A nor company D .
and after shifting my H1 company B is now paying to company D .
My question is
1) what kind of problems this can create , and how can i
get the payment for that period .
2) is it be illigal for company B to have my contract with client(Company C) even
though for that period i was not on anyone's H1 .
3) Now this has already happened , so whats the best solution to resolve it .

if you would have signed a non-competent agreement with Comp A, you will be sued legally for the breach of agreement. IF Company B have similar agreement with A , A can sue them for compensation (for stealing their business revenue.)
other than that your h1 transfer may not have any implications.
Any expert advice will be of great help
Click to expand...
 

Thanks for your reply.
from Contract side there is no problem . there is no such contract between
myself and company A , and Company B .
My only issue is , for that time period Company B has billed to the client (company C) , although comp B cannot show (I guess legally) that i was working with them for that period of time . and they have taken payment from client .
So for that period of time i didn't have H1 with comb B , and
they didn't have any contract with any company who is holding my H1 .

So will this be an issue for comp B .
 
onh1bvisa said:
Thanks for your reply.
from Contract side there is no problem . there is no such contract between
myself and company A , and Company B . OK

My only issue is , for that time period Company B has billed to the client (company C) , although comp B cannot show (I guess legally) that i was working with them for that period of time . and they have taken payment from client .

Company B billing C, that time you are on A's H1 (applied h1 transfer to B with receipt) but you did not receive any pay check from B directly. If it the case, your are OK. (Also you did not get any pay check from A too)

So for that period of time i didn't have H1 with comb B , and
they didn't have any contract with any company who is holding my H1 .

So will this be an issue for comp B .
Click to expand...
 

thanks great guru ,
one last thing , it will be great if u can advice on that .
after the contract b/w comp A and comp B was over , there
was some time gap before my H1 was filled . For that period
i was not paid any salary from anyone . (that is OK ) , but comp B
was still billing to client (without any contract with comp A and
without filling my H1) , is it OK for comp B .
 
You must log in or register to reply here.
Top