H1b transfer problems with old employer

[Tiyler]

Hi,

I am on H1b.

Employer A served notice that April-15th is my last day. I am starting with my new employer B on April-16th with a H1b transfer.

Problem I see is:
A last ran payroll in March for pay period Jan-16th to Feb-15th. A claims only verbally that they will run payroll in April and May after I have left, for pay periods Feb-16th to March-15th and March-16th to April-15th.
What happens to to my transfer if A does not run those payrolls? I am due pay for the Feb-16th to April-15th pay period since April-15th is my last day there.
What are my options if A does not run pay for me for Feb-16th to April-15th pay period?

Kindly,
Tiyler

[FrancisJacobGreene]

Hi,

I am on H1b.

Employer A served notice that April-15th is my last day. I am starting with my new employer B on April-16th with a H1b transfer.

Problem I see is:
A last ran payroll in March for pay period Jan-16th to Feb-15th. A claims only verbally that they will run payroll in April and May after I have left, for pay periods Feb-16th to March-15th and March-16th to April-15th.
What happens to to my transfer if A does not run those payrolls? I am due pay for the Feb-16th to April-15th pay period since April-15th is my last day there.
What are my options if A does not run pay for me for Feb-16th to April-15th pay period?

Kindly,
Tiyler

For a change of employer H-1B petition, USCIS will usually want to see pay records from the current H-1B employer that are no older than 30 days. The reason for this is to prove that you have been working for the current employer in H-1B status, which means that you have been maintaining status and are therefore eligible extend your status with a new employer. If for whatever reason you have not been maintaining H-1B status, then the backup options is to file your change of employer H-1B petition as "consular notification." When this is done, the H-1B petition will be approved, but there will be no status attached to it. To get status, you'll need to travel abroad, obtain an H-1B visa (if you don't already have one), and return to the U.S. based on the new employer's petition. You'll then be able to work for the new employer. Since you'll need the petition approved before you can start, your new employer should opt for USCIS premium processing.

[francesjacobgreene]

Hi,

I am on H1b.

Employer A served notice that April-15th is my last day. I am starting with my new employer B on April-16th with a H1b transfer.

Problem I see is:
A last ran payroll in March for pay period Jan-16th to Feb-15th. A claims only verbally that they will run payroll in April and May after I have left, for pay periods Feb-16th to March-15th and March-16th to April-15th.
What happens to to my transfer if A does not run those payrolls? I am due pay for the Feb-16th to April-15th pay period since April-15th is my last day there.
What are my options if A does not run pay for me for Feb-16th to April-15th pay period?

Kindly,
Tiyler

I should also mention that employers are not allowed to refuse to pay H-1B employees. If you were working and aren't being paid, then your employer may be breaking the law.