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I came to US on mid of Nov 2013 with new H1b (stamping valid for another 2 years), I didn't started working on any project (as my employer didn't marketed my resume well), Since I didn't started working, my employer didn't processed my payroll and when I asked about paystub, they are telling fake reasons and they said that they will process my payroll only after I start working. Its almost 2 months now and I don't have any paystubs. 
1) Can I complain this to DOL? What will happen to my H1b, if my employer came to know about this (or) if they revoke?
2) Is it acceptable, if my employer process all my pending paystubs after 3 months? (say if they process my dec 2013 payroll only in March 2014)
3) A new employer agreed to process new h1b visa (cap exempt) through consular processing (not like normal h1 transfer). I believe new visa will be approved only end of feb 2014. They told I can work with them only after visa is approved. can I continue staying in US till end of FEB 2014? Do I need to continue with current employer in order to stay legally in US till new visa is approved? 
4) If say I quit current employer once new employer submit my petition to USCIS, can I stay legally in US for 1 more month, or I should leave US immediately? Please advice..
 
fyi.. I don't have any paystubs, so I believe I am already in out of status, but my employer is still searching project for me without processing my payroll. How long can I be like this? :(
 
asked in H1B Visa by (140 points)

1 Answer

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What happened in you case? I am on the same boat. Your advice will be very useful.
answered by (160 points)



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