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Is it legal to work without LCA being shown by employer and without H1b receipt? Is it legal to be at work without h1b approval?

Dallas, TX |

Dear Attorney,

I am in a situation, I have lost my job on H1b in Nov 30. I have paystub till Dec 15th. H1b is not revoked. I have filed for h4 on Dec 5th. I got offer on Dec 30th from different employer from texas , he wants me to begin employment on Jan 13th without filing H1b, He is refusing to share LCA for the Texas position when insisting. I have entered into Employment Agreement that states they can sue me for 10000 USD if i break the agreement/do not join them. What i can do in my situation without LCA being shown and without H1b receipt? Is it legal to be at client site when documentation is in process in my situation? Do i have to wait till H1b is approved to go to work? Can they file H1b based on last paystub without adding H4 receipt copy and ask me to join them?

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Attorney answers 1


So did the new H-1B employer file a porting application with USCIS? You bridged the gap in so far as moving from company A, then leaving A, file for change of status to H-4, but remains pending so now you should file for H-1B premium with the new employer and once you get the approval start work for the new employer. They may send you overseas for consular processing but sometimes since only short gap they also may approve the porting application. LCA the new employer must furnish you with a copy and pay you the minimum wage as indiciated on the LCA. The $10,000 penalty doesn't sound kosher to me and anyhow, how will they enforce it? They would have to sue you and the legal cost and hassle may outweight the cost/benefit analysis to them. How will they even collect from you? You may be judgment proof unless your independently wealthy.

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