Urgent;H-1Transfer; Employer not paying

[gururaj]

I came to USA six months ago on H-1B Visa of Company X. They have not paid me for the past six months and i want to transfer to another Company.

When i was in India, another Company A also sponsored my H-1B and it was approved with Delhi as the Consulate to go for stamping(no I-94 as it was a new H-1B). The H-1 is yet valid and has not been dropped. But i chose to enter the USA on Company X's H-1B.

Can i work for Company A on their H-1B or do i have to go back to India and get the stamping done for Company "A" H-1B. I entered USA on Company X's H-1B Visa and I-94 has Company X's name on it.

 

[ginnu]

I came to USA six months ago on H-1B Visa of Company X. They have not paid me for the past six months and i want to transfer to another Company.

When i was in India, another Company A also sponsored my H-1B and it was approved with Delhi as the Consulate to go for stamping(no I-94 as it was a new H-1B). The H-1 is yet valid and has not been dropped. But i chose to enter the USA on Company X's H-1B.

Can i work for Company A on their H-1B or do i have to go back to India and get the stamping done for Company "A" H-1B. I entered USA on Company X's H-1B Visa and I-94 has Company X's name on it.

The employer has violated H1 law by not paying you according to LCA, you can send complains to DOL. For H1 transfer with new company you need 2-3 recent pay stubs.
If you go back and think that you will get new H1 stamping based on other employer approval you may also be in trouble because consulate will ask for past pay stubs as you have been in US on H1 without pay for 6 month. What is the guarantee the new employer pays you. Talk to good lawyer before taking any step

 

[gururaj]

Thanks ginnu for the reply.
Some of my friends who got their H-1s processed along with me in India through the new employer are currently on H-1s through the new employer and are doing fine.
My immediate concern is can i start employment with the new employer based on the H-1B approval that they got for me when i was in India(without I-94 card) when i am currently in the USA on the current employer's H-1B.

 

[ginnu]

Thanks ginnu for the reply.

My immediate concern is can i start employment with the new employer based on the H-1B approval that they got for me when i was in India(without I-94 card) when i am currently in the USA on the current employer's H-1B.

-------- NO