EAD filing with No payslip for 4 months in a year.

[Ricky27]

Hello Experts,

This year(2016) i am on bench for majority amount of time(>4) months) and my payslips did not get generated. I am still on bench.

My i 140 was approved 5 years back & am waiting to file for EAD if my PD becomes current.

Will this lack of payslips during bench period effect my EAD filinf in anyway in the future?

Awaiting your response.

Thanks

[JoeF]

It is 2016, and people still don't know this?

On H1, you have to get paid ALL THE TIME, even on bench. That's the law, and the employer knows it.

Obviously, the employer does not have the financial means to pay you, so your GC would likely get denied.

File a complaint with DOL on form WH4. The DOL will make the employer pay you. And find a better employer.

 

[Ricky27]

On 11/19/2016 at 4:06 PM, JoeF said:

It is 2016, and people still don't know this?

On H1, you have to get paid ALL THE TIME, even on bench. That's the law, and the employer knows it.

Obviously, the employer does not have the financial means to pay you, so your GC would likely get denied.

File a complaint with DOL on form WH4. The DOL will make the employer pay you. And find a better employer.

 

Hi, Just tell me the time period which will make to be out of status. I heard its like 45-60 days.

[JoeF]

It is 0, ZERO days. There is NO grace period.

On H1, you need to get paid ALL THE TIME.

[Attorney_15]

Under the law, any period of time that an employer places a worker 'on bench' and does not pay the worker is a period of time when the worker is out of status. Even though this is a failure of the employer, when the worker makes him/her-self available for work, USCIS does consider the worker as having committed a violation. If such a person files a DOL complaint for wages owed while on bench, evidence of that complaint can be submitted with a petition or application requesting a change or extension of status to support a request that USCIS forgive the individual's violation.