Releaving Process for H1 Visas

babjit

New Member
The company I'm working for is my first company on H1. People who left this company say they were not paid for the last month. Now, I got a better opportunity, and I too want to change this company. Can any one explain what is process for intimating employer that I'm leaving and Is there a way of not loosing my last month salary?
 
babjit-

Before anything, you should take care to preserve your H-1B status; collecting the month salary, while very important, should be your secondary goal. You can have the second company apply for your transfer and once it is filed (and assuming you are eligible to start work for the second company immediately), then you can give proper notice or otherwise your current employer. If they refuse to pay you for work that you have already performed you can 1) inform DOL (although I am not sure they will be interested since this sounds more like a labor dispute rather than H-1B rule violation) and 2) go to small claims court (or other appropriate forum in your jurisdiction and after exhausting other remedies) to get the company to pay you your earned salary.

Hope that helps.


The company I'm working for is my first company on H1. People who left this company say they were not paid for the last month. Now, I got a better opportunity, and I too want to change this company. Can any one explain what is process for intimating employer that I'm leaving and Is there a way of not loosing my last month salary?
 
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