Hello Saurabh.
I am on my first ever H1B - cap subject since October 2012 via a desi consulting firm. Their cooperation is zero and we have to give reasons to them to even get our paystubs in time and ask them repeatedly to deposit “our” paycheck.
Now I have a local direct American company offer who is doing my H1b transfer in premium processing. I have given new employer 4 months paystubs including the latest January 2013 paystub. (Paystub is generated at the end of each month by consulting firm.)
Given the H1B transfer has just begun with new employer, and in process - How should I go about this transition process? There is technically 30 days notice period with old employer. But unless the new H1b is approved under premium processing, we can’t inform old employer…
Bigger Question is How important it is to generate February paycheck from the employer - consulting firm? What are the implications in future to me if we do not get one from them in future at all?
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Does missing one month paystub mean that one was out of status for that period?
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Will missing one month paystub from old employer matter in long term say when filing green card through new employer of my own or via spouse qualifying for GC?
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The consulting firm has not provided any employee handbook since the employment began. We asked for it by email to employer and they have not replied to it at all. Can he (consulting firm) come back to ask for money by saying we broke some terms and conditions in handbook which we were not even made aware of ? ( Sounds ridiculous but I have heard such stories through personal circle and they were asked for 10K US$…for breech of terms!)
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There was no contract period mentioned in the offer letter which we signed. There is language in the offer letter which says "Your employment will be as mentioned in *** (Company Name), Employee HandBook and any subsequent Updates to the employee handbook.
Please advise. Thanks in advance.