Should I accept back pay from H1B Employer today? Is it legal?

Hi Anil,

I have a question regarding back pay stubs…I know this is not the right thread, but still I need to know…

My earlier Employer A had some pending amount which he supposed to pay me for the year 2017.
Now he is behind me to pay that amount to make sure he is clean from his side.
Earlier the amendment filed by Employer A got denied for 2 reasons,

  1. Speciality Occupation and
  2. Salary paid not matching with LCA. Employer A asked me to change the employer as he was not willing to file extension.

My question here is, if I take that amount now, will that affect me in future?

like H1B transfer, stamping etc? Currently my H1B transfer is going on with other Employer B an Employer A has already revoked my H1B.

Please let me know.


Hi @bharath

Where are you currently working? Employer A or B?

@Anil.Gupta Currently working with Employer B

Hi @bharath

As per my information, you should have been paid by your employer earlier itself.

I am not sure if accepting the salary now will cause any issue or not as you have already joined new employer.

Thanks @Anil.Gupta for taking time and sharing your thoughts

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