No Payroll since I got my H1B

[coolsavy]

Hi,

I came to US in Jan 2011 on L1B through one MNC and in 2012 april i applied for H1B and got it. In September I resigned my company and staying in US on H1B. I am on bench since october till now and my employer is not running my payroll. My employer is saying that it should be okay not to run payroll and it will not effect my immigration status. He is saying that he can pay some fine amount to government and he will run my payroll starting from october. I am confused.

Please let me know how this effects my immigration status, how many more months i can stay in US without payroll and what should I do.

Thanks,

Savy.

[JoeF]

You are out of status, i.e., illegal, if you don't get paid.

On H1, you need to get paid ALL THE TIME, even on bench. That's the law.

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

You also should look for another employer, one who follows the law.

[wiweq]

OP, You have screwed your immigration status. Follow JoeF's comments. Also report to ICE.