Legal Question in Immigration Law in California

No Pay Check while waiting for H1 Transfer

I am software professional on H1-B in between the jobs and my new employer is saying that he will not pay me until my transfer is approved. I tried to explain him that he can pay me the day I get notice of receipt but I an unable to convince him. Do you think saying with a paycheck for a while can affect by green card process down the road. If yes than how?


Asked on 7/30/04, 4:06 pm

2 Answers from Attorneys

Linda Allen Law Offices of LInda M Allen

Re: No Pay Check while waiting for H1 Transfer

Thank you for your inquiry. It is very important that there is no break in your employment. Please feel free to call me directly to discuss the same at 619.233.0900.

Sincerely,

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Answered on 7/30/04, 4:40 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: No Pay Check while waiting for H1 Transfer

Technically you can not be w/o paycheck. But down the road..when you apply for green card..after a labor certification is approved they ask for 6 months paystub. For h1B transfer...you should do premium processing..so you will get an answer in two weeks

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Answered on 7/30/04, 9:10 pm


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