agn2410 Posted January 10, 2012 Report Share Posted January 10, 2012 Hi, My H1 Visa is valid till 2015. But the problem is : the company which sponsored my visa is not good and not getting any business. So they don't have any wok for me now. They told me to sit at home , and whenevr they would have some work they will call me back again. The problem is they would not pay me any salary for the time I dont work for them(thy are not even sure if they would get some work or not, so it may from 2 months to undefined time). Though I am on Job hunt, but I am not sure too about when I would get one. So my question is : Till what time can I sit at home without salary but with valid H1? I mean would non payment of salary makes my H1 b invalid. What if 1)they don't produce any salary slip 2)they produce 0 salary slip? Please urgent. Thanks in advance Link to comment
Attorney_23 Posted January 10, 2012 Report Share Posted January 10, 2012 Petitioners are prohibitted from "benching" (i.e. failure to pay) H1B workers. You may wish to consider filing a complaint with the Department of Labor to attempt to recover payment for the full time you have been in the U.S. That being said, contacting the Department of Labor will not necessarily help you with your status issue. USCIS ordinarilly considers an H1B worker out of status when there is no work/pay. You should consult with an experienced attorney immediately. Link to comment
agn2410 Posted January 10, 2012 Author Report Share Posted January 10, 2012 Hi, Thnx for the reply. Firstly, if I file a compliant against the company they can fire me anytime then. Now if I don't get salary for few months(say 2-3 months) then how would USCIS know about it? (I am new to US , so I don't have much knowledge about all these.) Link to comment
AmitR Posted January 10, 2012 Report Share Posted January 10, 2012 Consulting an attorney costs money, and although not a bad idea, I would advise you to first have a discussion with your employer and let him know that he is required to pay you while you are employed with him, irrespective of whether he has a project for you or not. Make sure to document all discussions. If phone or face-to-face discussions are held, send them a follow-up letter (email, fax, post) documenting all that was discussed and asking them to verify correctness. Should they not respond or yet give you a hard time, you should file a complaint with the DOL using form WH4 which is available on their website. Do note that this discussion might end up with them giving you your dues as required by law but may also result in them terminating your employemnt so as not to have to keep paying you, so please don't be surprised if it takes this turn, but note that by not being paid you are out-of-status which can cause problems for you in the future if you apply for a Green Card Link to comment
agn2410 Posted January 10, 2012 Author Report Share Posted January 10, 2012 Thnx a lot for the info...What type of problems?? do I need to submit all my pay stubs while applying for GC? Link to comment
JoeF Posted January 10, 2012 Report Share Posted January 10, 2012 Hi, Thnx for the reply. Firstly, if I file a compliant against the company they can fire me anytime then. Retaliation is illegal. It would cost them even more. Now if I don't get salary for few months(say 2-3 months) then how would USCIS know about it? They ask for the pay stubs, etc. You absolutely have to get paid if you want to have a future in the US. Link to comment
agn2410 Posted January 23, 2012 Author Report Share Posted January 23, 2012 Hi, In continuation with my question i asked in this post, what if I take voluntary leave without pay from my company. In this case, as the leaves would be voluntary I dont think there should be any problem Is there a maximum limit on the number of leaves an H1 employee can take. Please answer. Its really urgent. Thanks in advance Link to comment
Chitown01 Posted January 23, 2012 Report Share Posted January 23, 2012 If you are taking voluntary leave for some reason, you need to be out of US... unless its a medical emergency or maternity leave etc.... Even in case of medical emergencies or disabilities, most companies offer full salary for 4-6 weeks and then 80% or something depends from company to company.... There is no limit to number of leaves depends from company to company You cant fool USCIS Link to comment
JoeF Posted January 23, 2012 Report Share Posted January 23, 2012 Hi, In continuation with my question i asked in this post, what if I take voluntary leave without pay from my company. In this case, as the leaves would be voluntary I dont think there should be any problem There is a problem because it wouldn't really be voluntary. Make-believe doesn't work. Again, you need to get paid all the time. File a WH4 with DOL. Link to comment
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