Hi,
I am working for Employer A in US and my employment ends on 28th of Oct 2013 and I am supposed to go back.
I have got another offer with Employer B and they have filed for my visa transfer. I have got the receipt and the employer B wants me to join on 28th itself.
If I do the same, I won’t get paid by Employer A for 1st Oct - 28th Oct. Is it bad for my H1 status in US?
If I do not join Employer B, I have to go back on 28th Oct.
Why will A not pay you for the 28 days that you worked for them? They are legally required to pay you for the time.
Because I am breaching the contract that I signed with them… According to that contract I cannot change job in US and after I go back to India, I have to serve them for 6 months… My pay day is 31st… So if I leave the employer before that date… they will not pay me
Irrespective of what contract you have signed, they cannot break US labor laws. If they don’t pay you, then they will be breaking the H-1 labor laws. You can take opinion of B’s attorney for this as well.