spapp wrote:
>
> While in the US, If a person got an H1 from a consulting company in
> the US, but ever since then (almost 9 months now) they don't pay him
> anything at all because of lack of projects ! even when he has asked
> them about it !, then what happens if he gets another job?
>
> He just got another job and the new company is willing do the H1 for
> him.
>
> The new company has opted to transfer his H1 using premium
processing,
> and has decided for him to apply for the H1 visa in his home country.
>
> What happens in a situation like this, where he has no previous
> paychecks?
>
> The petition would need approval and also during the time of getting
the
> visa - what happens when the interviewer asks for previous paystubs?
>
> Also what if he's asked questions about taxes (for previous co?!)
He's been out of status since the H-1B supposedly became effective by
the sound of it. The CIS will almost certainly deny a transfer in this
case, but it's unlikely to have any impact on whether or not they
approve the petition.
What the new employer is proposing sounds like the most sensible
aproach. The petition will probably be approved but the transfer
denied. When they receive the approval notice, he should return to
his home country, get a visa, then re-enter and start work.
He should also consider contacting the Department of Labor about his
previous employer. They're in breach of their commitments to the
Government, and Labor may be willing to recover his missing wages.
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