Pay roll and vacation

[VandanaOct10]

Greetings Group,

I was on bench from 15th December 2011 to 26th January 2012 so my employer didnt run my pay roll. He said that he will show this as 1 month leave as I am eligible for 1 month leave in 2 years period. Actually I didnt take any vacation from my employer in last 2 years. My PERM is being filed and now I am afraid it might cause any issue in my PERM and future green card processing.

I wanted to check if this is fine and that period can be shown as vacation and that will not cause any issue in future.

or I should ask my employer to run pay roll for that period 15th December 2011 to 26th January 2012

I am worried, please reply.

Regards,

Vandana

[JoeF]

A forced leave while on bench is illegal. Your employer has to pay you, no matter what.

Not getting paid will cause issues.

If your employer doesn't want to pay you for that time, file a WH4 with DOL.

[wiweq]

"I was on bench from 15th December 2011 to 26th January 2012 so my employer didnt run my pay roll. He said that he will show this as 1 month leave as I am eligible for 1 month leave in 2 years period. Actually I didnt take any vacation from my employer in last 2 years. My PERM is being filed and now I am afraid it might cause any issue in my PERM and future green card processing."

What your employer is trying to do is the sure shot sign of a fraud employer. An employer can't force an H1b employee to take the vacation just because they can’t pay. Second, there is nothing called bench period with no pay on H1b status. You have to have get paid all the times on H1b status, doesn't matter if you are working or not. By not getting paid for one month you have accumulated one month of out of H1b status stay. This would certailny create problems in future immigration matters.

"Actually I didnt take any vacation from my employer in last 2 years."

What was the limit of PTOs on your offer letter? If there is no Paid time offs (PTOs) on offer letter, complaining now doesn't make any sense. You were adult enough to review the offer before joining.

What do to know?

Complain to Department of Labor (DOL) of your state using WH4 and get paid for that one month. Complain to ICE about this fraud employer. Read more about whistleblower protection law. Look for better employer.

[ImmiSpecialist]

Its illegal to do like that...more over why he didn't ran u r payroll @ that time...there is an agreement in btwn u n ur employer before joining in that consultancy like percentage basis 80:20 or any thing.... @ the time of on bench at least they have to run the payroll......becoz some times USCIS will ask pay stubs in that periods only...

when coming to present.... There is NO problem for u r future green card processing.

[JoeF]

well..your employer maybe fraud...but to answer your question...dont worry, your perm and GC processing is fine..1 month off is no big deal.

Wrong. Not getting paid on H1 is a big deal nowadays.

dont get into WH4 and other legal formalities..get your GC thru them and get the hell out of there.

The WH4 is the only way to not kill the career in the US.

And getting "the hell out there" after getting the GC is also a big risk. A person has to have the good faith intent to work for the employer "indefinitely."

The GC is unlikely to get approved, since the employer apparently doesn't have the ability to pay the employee.

The solution is to find a better employer, and do the GC with the new employer.