englishtutorjul Posted October 15, 2012 Report Share Posted October 15, 2012 I recently got my H1B, and have been trying to find contract positions with little luck. Just want to understand, generally how long do employers allow H1B employess to stay on bench? If I find a job with another employer, who is willing to do a transfer of visa, can the transfer happen even if I do not have any pay stubs from my current employer? If employer B starts a transfer, will employer A get to know? If so when? And if for some reason, the transfer does not get approved, will the employer A know that a transfer was initiated? Would this mean the employee needs to be under a constant fear that the employer A may cancel his H1 anytime, since he intended to move out of company A before and may attempt doing so again? Link to comment
rahul412 Posted October 15, 2012 Report Share Posted October 15, 2012 I recently got my H1B, and have been trying to find contract positions with little luck. Just want to understand, generally how long do employers allow H1B employess to stay on bench? If I find a job with another employer, who is willing to do a transfer of visa, can the transfer happen even if I do not have any pay stubs from my current employer? If employer B starts a transfer, will employer A get to know? If so when? And if for some reason, the transfer does not get approved, will the employer A know that a transfer was initiated? Would this mean the employee needs to be under a constant fear that the employer A may cancel his H1 anytime, since he intended to move out of company A before and may attempt doing so again? On H1 employee should be paid every month as per LCA. If you are not getting paid then you and your employer both will be in trouble. Link to comment
pontevecchio Posted October 15, 2012 Report Share Posted October 15, 2012 The more things change the more they are the same. In 2012 why are you looking for a position when your H1 petition was already approved. It suggests the employer or you commited fraud in the paperwork. Talk to a Lawyer. Link to comment
JoeF Posted October 16, 2012 Report Share Posted October 16, 2012 I recently got my H1B, and have been trying to find contract positions with little luck. Just want to understand, generally how long do employers allow H1B employess to stay on bench? The employer can keep you on bench as long as he want, provided he pays you according to the LCA. On H1, you always have to get paid, even on bench. That's the law, and the employer knows it. 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. Also, if you don't get paid, you can not transfer to another employer. Link to comment
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