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nikspatel15

Getting Pay during on-bench

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Hello all,

 

Currently I am on H1B status and work for a desi consultant. My last project got over in September. I am still looking for a new project. So practically I am on bench for last 2 months. 

Can anyone please tell me if I can still get paid while on bench because I asked my consultant abt it and he said no.

 

Thanks in advance.

 

Niks

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Hello all,

 

Currently I am on H1B status and work for a desi consultant. My last project got over in September. I am still looking for a new project. So practically I am on bench for last 2 months. 

Can anyone please tell me if I can still get paid while on bench because I asked my consultant abt it and he said no.

 

Thanks in advance.

 

Niks

Your employer is lying. Whether a project is available or not your employer has to pay you. Otherwise you are out of status. File a complaint against your employer with DOL. Teach your cheating employer a lesson.

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You should get paid all time. You work for DESI employer. Getting you project is his responsibility. If you don't get paid, you will be out of status. In order to avoid this, please look for other employer and then file complaint against this DESI employer. Teach him a lesson.

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You absolutely HAVE TO GET PAID!

On H1, you need to get paid ALL THE TIME, even on bench. That's the law, and the employer knows it. It is listed right next to the signature line on the LCA.

 

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

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Oh, and of course, the pay has to be for real. Some criminal employers ask for the money back. Never do that.

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Since you are on unpaid "bench" you are out of status. The employer has to either fire you and revoke the H1 petition or pay you. In any case he has to pay you till the petition is actually revoked. You can file a complaint with the DOL and look for another employer. Why would you let him do this? Also he has to pay your fare back. Maybe do your bit to put such employers out of business? I know you are in a difficult position.

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Your consultant (so-called 'employer') is both ripping you off from salary you are legally owed and committing serious immigration fraud!!! Not getting paid while on a H-1B visa means you are effectively unemployed, and therefore out of status, in the U.S. illegally, and subject to an entry ban.  Your options are to file a complaint against your consultant with the state Department of Labor (DoL), and find full-time employment with a reputable employer who will file a H-1B transfer immediately or leave the U.S.

 

A reputable employer does not require employees to look for a project to work on. A reputable employer is responsible for, and secures, projects, and then assigns employees to work on those projects.

 

It continues to astonish me that people let themselves be taken advantage of by working for such fraudulent 'employers' (who are reality criminals).

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it is illegal not to get payed while on H1b.

 

You are out of status, file complain against your employer. thats the only way for you to be in status.

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