Immigration Issues/benching with H1B


Hello. It's several months now since I arrived early this year and I got my license already. My employer up to now didnt give me a job and didnt receive a paystub. I'm thinking of transferring to another H1b petitioner but they need a paystub. My employer wont give it to them if they didnt arrange a contract buyout. So my questions are:
1. If theres no buyout will i be on breach of contract?
2. If I report to the proper agency, what is the worst that will happen to me? Do I go home empty handed?
3.If I transfer to another company and i had H1b and when later on i want an immigrant visa, will it the transfer of h1b from company A to B affect the approval of my immigrant visa?
4.Since Company A already breach our contract, will i still be held liable for damages if I look for another company to petition me for transfer?

thank you so much.

There is no need of a buyout or any such thing.  Your employer is liable for all back pay from the beginning date of the H-1B. You can complain to the Dept. of Labor and your employer may be forced to pay you the back wages. Your employer is no position to stipulate any conditions.  Complaining will also help you with obtaining a new H from another employer.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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