Not Getting joining date on H1B

[Movingsale]

Hi All,

I got a offer from company A they filled my H1 and it got approved as well,intially they confirmed a joining date and on that basis i resigned from my current company,now there project got delayed and they have not communicated a date to me.

My question is will i be out of status ,although I have the approved I797 from new company?

[shervin143]

When you are in H1B, you need to be working and get paid. If not, you are out of status on H1B. When you are out of status, a transfer to any other employer is not possible. Your employer is suppose to pay you irrespective of whether they have a project or not. You can file a complaint with DOL and then try to transfer the H1B to a new employer with a copy of the complaint filed with DOl which most times will work successfully. Go through the below links.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-hol...ponsibilities/

[kabkaba]

Are you in the US?