Break during H1b

[veenas]

Hello all,

I am on H1b status working in EC model. The current client I am working with, has some policies that consultants have to go out from company after working straight 24months and take 30day break and rejoin after that. 

My employer is not going to run payroll for that 30day break and he says its just employment break & I am still considered as employed, so that shouldn't be a problem. He is also providing me a letter stating about the 30 day break, how its required by the client, their company policy and so on.

So I wanted to know if this is okay not running payroll for 30days while on H1b period? Will there be any issues on further H1b extensions or visa stamping?

Can anyone of you please clarify. Thank you.

(Between, I am not on bench, its my client policy to take the break and I am rejoining after 30days)

 

 

 

[JoeF]

The employer has to pay you during that time. You have to get paid all the time while being employed.

The employer knows that, the rules are listed on the I-129 that he signed.

If the employer doesn't want to pay you for that time, file a complaint with DOL on form WH4. And you should find a better employer, one who knows the laws.

[gopalakrishnach]

In your case your employer must run your payroll or show them like vacation(this might lead to some hard question in visa stamping). Your employer must pay you even if you got client or not.  

(Between, I feel you are on bench. If you donot have any client and donot go to office you are on bench.)

[JoeF]

5 hours ago, gopalakrishnach said:

In your case your employer must run your payroll or show them like vacation(this might lead to some hard question in visa stamping). Your employer must pay you even if you got client or not.  

(Between, I feel you are on bench. If you donot have any client and donot go to office you are on bench.)

Having a fake "leave of absence" or "vacation" just so that the employer doesn't have to pay on bench is illegal as well.

The employer either has to pay the OP all the time, or he has to lay him off, and if the employer wants to hire him back, the employer would have to file (and pay for) a new H1 petition.