Recevied Letter from USCIS about Non billable period

[reachjyo]

hi All,

I am on my H1 visa and was with Employer A from December 08 - 2010 November.

I am with Empoyer B since Dec 2010.

I was un employed during the period from December 08 - July 09 and in the month of August 09 I got a Job.During the unemployed period , my employer didnt pay me at all.

USCIS sent me a copy of a letter which was sent to previous my employer A asking them er to pay the amount during non-billable period.

Now I have couple of questions here

a) will it have any affect on my stay here due to this letter.

b) what is the next course of action for me?

Any inputs on this will be highly appreciated.

[wiweq]

''a) will it have any affect on my stay here due to this letter."

USCIS found you and your employer both suspicius and keep both of you in records for more scrutiny.

Not paying H1b employees is ILLEGAL.

Being unaware of H1b laws doesn't make you innocent. You should learn the H1b laws, and change the employer if needed.

File Wh4 on yout state's DOL site to report H1b violations.

You can also call to ICE and let them know how your employer is misuing H1b regulations.

[JoeF]

hi All,

I am on my H1 visa and was with Employer A from December 08 - 2010 November.

I am with Empoyer B since Dec 2010.

I was un employed during the period from December 08 - July 09 and in the month of August 09

No, you weren't. You were on H1, with an employer. You were employed. If your employer didn't have a project for you, that's his problem, not yours.

Your employer had to pay you during that bench time.

I got a Job.During the unemployed period , my employer didnt pay me at all.

On H1, you have to get paid all the time, even on bench without a project. That's the law.

If you didn't get paid, you were out of status, i.e., illegal.

Now I have couple of questions here

a) will it have any affect on my stay here due to this letter.

b) what is the next course of action for me?

Why in the world did you not ask your employer to pay you back then???

It is well-known that people on H1 have to get paid all the time. The employer agreed to do so when he signed the LCA. The law is referenced right next to the signature line.

This will of course result in lots of problems for you.

It is too late for a WH4 complaint to DOL now, since it is more than a year back.

[rsah1]

Hi,

I am also in similar situation. I was not on project from May 08 till Jan 09 and started working in Feb 09. Now switched to another FT position and started PERM.

I read some where that you should not be on bench for more tahn 180 days from your recent lawful entry to USA. I had re-entered several time since then. Is this gap going to be a big issue for me in PERM. Please respond.

[wiweq]

"I read some where that you should not be on bench for more tahn 180 days from your recent lawful entry to USA."

=> You read wrong information. You CANNOT be unpaid even for a day on H1b status. Those days will be counted as out of status/ illegal stay.

With having illegal stay in your records what kind of GC are you expecting?

Be aware of H1b laws/ regulations/ rights.

[JoeF]

Hi,

I am also in similar situation. I was not on project from May 08 till Jan 09 and started working in Feb 09. Now switched to another FT position and started PERM.

I read some where that you should not be on bench for more tahn 180 days from your recent lawful entry to USA. I had re-entered several time since then. Is this gap going to be a big issue for me in PERM. Please respond.

The 180 days is a different issue.

Not getting paid on H1 can still come back to bite you.

I and others have posted here for years that on H1, you need to get paid all the time. Why in the world do people think it is ok to not get paid???