Salary on Bench and Pay fluctuation

[Roshini9]

Hi All,

What do I answer in the below 2 scenarios...

1). I was working with client ABC till 4 months back. I was on bench (no time sheets) for like 2 months after I left the client and now working for client XYZ now. Employer paid me during the time I was on bench (basically ran parole with my own money). If VO asks me if I was on bench between the two clients and for timesheets, what do I say?

2). My pay has been fluctuating a lot due to sick leaves and obvious deductions for GC, h1b premium etc... What do I say if the VO asks why there is so much fluctuation?

Thx,

Rosh

[txresearcher]

I see several laws broken here and you are looking for suggestions to break even more?

[shekar11#]

For the first point you shud be fine. As long as you have pay stubs you shud be good. And you shud answer no when VO asks were you on bench.

For the second point you can say you were on unpaid vacation because people can use up vacations early and go for unpaid vacation during sick times.

[JoeF]

Hi All,

What do I answer in the below 2 scenarios...

1). I was working with client ABC till 4 months back. I was on bench (no time sheets) for like 2 months after I left the client and now working for client XYZ now. Employer paid me during the time I was on bench (basically ran parole with my own money).

That's a felony.

On H1, you have to get paid for real.

If VO asks me if I was on bench between the two clients and for timesheets, what do I say?

You will get banned for life for the fake payroll.

Your only option is to file a WH4 with DOL. And discuss your situation with a really good immigration lawyer!

[catx]

For the first point you shud be fine. As long as you have pay stubs you shud [should] be good. And you shud [should] answer no when VO asks were you on bench.

For the second point you can say you were on unpaid vacation because people can use up vacations early and go for unpaid vacation during sick times.

Here we go again, someone advising that it is OK to LIE to immigration officials and COMMIT FRAUD.

One, "ran parole with my own money" is an highly illegal and fraudulent activity under both immigration and employment law.

Two, "deductions for GC, H-!B premium, etc." may well include costs that employer must pay by law, and are illegal to charge or otherwise pass along to the employee.

The only applicable advise to seek counsel from a qualified, experienced immigration attorney to try to correct the issues (e.g. filing a WH4 with the Department of Labor as has been posted by JoeF), and if necessary be prepared to leave the U.S. and come back when employed by a legitimate employer (as a full time employee).

[mitsu3000gt]

well...as always adviced by everyone here...just tell the truth.

for your 1st concern...you and your employer are into shady things...you cannot pay for to run your own payroll..your employer cannot charge you for your H1, GC...etc.

right.. apparently, omshiv can pay for his gc fees :-)

[JoeF]

For the first point you shud be fine.

No, he isn't. He is in very deep problems.

As long as you have pay stubs you shud be good. And you shud answer no when VO asks were you on bench.

Oh boy. Lying is a sure way to get banned for life.

What the OP did is likely a felony. The OP needs to see a really good immigration lawyer ASAP.

I suggest you stop telling people to lie.

[Aarav27]

I have similar situation. I was on bench for 2 months but my employer was runing payroll (less than the acual pay mentioned on offer letter) so that I'll be under status. I was on OPT that time and I dont have timesheets for those 2 months. But since I got my H1B approved in Oct'12 I am getting regular pay as per offer letter.

It made my 2012 W-2 salary less than my offer letter salary. So my question is that It would really affect my interview decision? Does visa officer check timesheets too?

Please suggest.

[rahul412]

for your 1st concern...you and your employer are into shady things...you cannot pay for to run your own payroll..your employer cannot charge you for your H1, GC...etc.

then why did you paid for your GC??

[JoeF]

For OPT, there is no rule that you have to get paid all the time (one of the loopholes that shady employers like...)

On H1, you absolutely have to get paid all the time. If you can show that, you are fine.

[Aarav27]

For OPT, there is no rule that you have to get paid all the time (one of the loopholes that shady employers like...)

On H1, you absolutely have to get paid all the time. If you can show that, you are fine.

Thanks, JoeF !!