agn2410 Posted January 23, 2012 Report Share Posted January 23, 2012 Hi, I am working for a start-up. It holds my H1B. Now Since last 1 month the comapny said that they dont have any work for me currently and told me to sit at home without salary until they get some new project. Now I am not paid for last 1 month. And dont even know till what time they would get work. I knw that benching is illegal for any H1 holding company but as I dont have any other option, I cant oppose them. So I am on sort of voluntary leave without pay. The question is - Is there a maximum limit for the time fow hich I can take leave without pay on H1B Visa? Please help . Its really urgent. Thanks Link to comment
JoeF Posted January 23, 2012 Report Share Posted January 23, 2012 You have to get paid. Period. You are illegal at this point. This "voluntary leave" is not really voluntary, so it is also illegal. Again, you have to get paid all the time. No exceptions. If the company doesn't want to pay you, file a complaint with DOL on form WH4. Link to comment
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