QUESTION

H1B visa: Now under a Personal Leave, Will my next employer have problems for H1B transfer filing with 4 - 5 weeks of gap in paystubs.. Pls clarify

Asked on Jul 19th, 2013 on Immigration - North Carolina
More details to this question:
With my current employer, I discussed with HR Mgr, to give me a couple months on Personal leave on the pursuits to look for another job... On God Grace, They understand it and let me on their payroll for couple months (unpaid). Will it be a problem? If I am on a personal leave to join another employer. How to address this situation. It was very political to handle and I stepped out. Pls give me some suggestions to handle this situation. Right now, I have finished phone interviews with 4 companies, and I am quiet positive
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
U.S.C.I.S. normally wishes to say the most recent payslips from the approved H-1B organization when an applicant is attempting to transfer his or her H-1B to another employer. There is no grace period during which an individual is allowed to remain in the States following the ending of H-1B employment except for the 10 days when the H-1B period expires. That being said, you could present your proof of being on personal leave if the information is requested, and it would be up to the immigration officer handling your H-1B transfer as to whether to accept the explanation or request that you obtain your H-1B visa at an American consulate or embassy. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Jul 20th, 2013 at 8:29 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Your employer is obligated to pay you the prevaling wage.  They can get in trouble for keeping you on the payroll without paying you the prevailing wage.  As long at they did not tell USCIS that you were no longer employed, your own status should not be affected as along as you begin working for a new H1B employer within 30 days of leaving your prior employer.
Answered on Jul 19th, 2013 at 9:52 PM

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