Legal Question in Immigration Law in California

Hi !

I have been working for the company A since October 2009 on H1B Visa. They also started my Green-card application and I have I140 approval. Company A started having financial issues and sent an email out to all employees in January saying there will be delays in the salary through out the company. They have not paid until now(march). I have continued to work for the company till March 13th. I have a letter from the company stating my continued employment with the company till march 13th. Now, I have another offer from company B who is prepared for H1B sponsorship for myself. The last paystubs I have from company A are in January 24-25 for the month of December.

What other documentation would I need for complete transfer of H1B to the new employer Company B and continuation of my H1B status?


Asked on 3/22/12, 5:37 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Company B should file the H-1B right away. If they get an RFE from USCIS, I would submit the letter from Company A, along with a written explanation from you, expressing that you worked through March 13th, but have not been paid yet. If you have evidence of employment from Jan-March 2012, other than pay stubs, I would submit that too (company emails, time sheets, other company correspondence that you received as an employee during that period, etc.). As long as you try to mitigate the circumstances (of falling out of status involuntarily), there should not be a problem with your "transfer". (However, H-1B review is subjective, based on the Officer reviewing the case, despite what USCIS might otherwise state). You might also want to discuss the fact that Company A owes you almost 3 months salary with a Wages & Hours Attorney.

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Answered on 3/22/12, 6:04 pm


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