H1B transfer-letting former employer know for termination

[sanjaysinha84]

Dear All,
I will really really appreciate if I could get a response to my 2 queries related to H1B transfer mentioned below:

1) My employer is a staffing company A. I am currently on bench without any job on hand but according to my agreement with my employer,I am being paid on bench. My current employer has generated my payroll until April 1,2011.My pay-on-bench agreement with my employer A has already ended with this last paystub on April 1,2011.I have a job offer on hand from Company B and they have started my H1B transfer under premium processing with 3 paystubs with latest paystub being April 1,2011.I am very sure my visa transfer will get approved.Now my question is how soon do I need to let staffing company A know that they can cancel my H1B as I have already found a job?What if I don't let staffing company A know at all that I have started another job as anyways they won't be generating my new paystub?

2) Is it mandatory on my side to let my former employer A know that I have started a new job so that they can revoke my H1B?

3)Considering my new job starts on May 1,will this 1 month gap from April 1 to May 1,2011 affect my GC filing after 1 year from now?

[shervin143]

1) My employer is a staffing company A. I am currently on bench without any job on hand but according to my agreement with my employer,I am being paid on bench. My current employer has generated my payroll until April 1,2011.My pay-on-bench agreement with my employer A has already ended with this last paystub on April 1,2011.I have a job offer on hand from Company B and they have started my H1B transfer under premium processing with 3 paystubs with latest paystub being April 1,2011.I am very sure my visa transfer will get approved.Now my question is how soon do I need to let staffing company A know that they can cancel my H1B as I have already found a job?What if I don't let staffing company A know at all that I have started another job as anyways they won't be generating my new paystub?
>>> It is advisable you let them know after a successful H1B transfer. If the transfer gets rejected and if your current employer has filed for revoke, then you can get into a deep mess.

2) Is it mandatory on my side to let my former employer A know that I have started a new job so that they can revoke my H1B?
>>> It is not mandatory. However, you cannot get paid by two employers at the same time. As a courtesy, you should always inform the employer before you quit. If possible, get a letter from the current employer describing your roles and responsibilities and technologies used which will be very helpful while filing GC later.

3)Considering my new job starts on May 1,will this 1 month gap from April 1 to May 1,2011 affect my GC filing after 1 year from now?
>>> It is hard to predict since every case is different. Your employer is suppose to pay you irrespective of whether you are in a project or not. As long as the H1B is not revoked or your employer has terminated you, they are suppose to pay you. Make sure they pay you for the month of April to maintain your H1B status and avoid unnecessary issues later. If your W2 for this year is less than the LCA, then you could face issues with future petitions and visa stamping. If your employer is not ready to pay, then you have the option of filing a complaint with DOL and make them pay to reinstate your H1B status.

Go thorugh 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/

[sanjaysinha84]

Hi Shervin,

Thank you very much for your response but I still have few questions based on your response.

1)Can you suggest me a link where I can see the exact documents that are required to file a greencard under EB-2 category?How many paystubs will be required when nI go for my GC filing in April 2012?

2)My employer A had mentioned in my offer letter before I joined their client C that if I'm 'removed' from the job by their client C within 1 year,I will have to reimburse them the cost of sponsoring my h1B visa (which is $3500).Now Client C where I worked had countrywide layoffs in November 2010 where they laid off ALL contractors.I had completed only 9 months with both Company A & C at that time.My question is,Can my employer A ask me to refund $3500 after I let them know that I have started job with new Company B?Can they take legal action if I deny to give them $3500 mentioned in the offer letter?I am bit confused on how much value such offe r letter holds where the employer asks me to reimburse them the visa costs?

I will be eagerly waiting for your response.Thanks a ton!!

[shervin143]

1)Can you suggest me a link where I can see the exact documents that are required to file a greencard under EB-2 category?How many paystubs will be required when nI go for my GC filing in April 2012?
>>> There is a whole section dedicated for GC in immihelp. Go through the below links. There is also a separate forum to answer all your GC related questions.
http://www.immihelp.com/greencard/

2)My employer A had mentioned in my offer letter before I joined their client C that if I'm 'removed' from the job by their client C within 1 year,I will have to reimburse them the cost of sponsoring my h1B visa (which is $3500).Now Client C where I worked had countrywide layoffs in November 2010 where they laid off ALL contractors.I had completed only 9 months with both Company A & C at that time.My question is,Can my employer A ask me to refund $3500 after I let them know that I have started job with new Company B?Can they take legal action if I deny to give them $3500 mentioned in the offer letter?I am bit confused on how much value such offe r letter holds where the employer asks me to reimburse them the visa costs?
>>> H1B petition fee should always be paid by the employer. It is illegal to get that fee from the employee. It is advisable that you consult an immigration attorney. I shouldn't comment on this without knowing exactly what you have signed with your employer. Keep proper proof if your employer ask you to reimbuse the H1B cost. Also, have proof if your employer didn't pay you anytime on bench. These documents will help you fight against your employer later in case they try to threaten you.