Pay Stubs during the Bench Period(Not on Project)

[Rahulb1974]

Hi,

 

Currenlty I am on H1B  through a consulting company. Since last 3 months they stopped paying me saying that it is unlawfull to generate a pay stubs since I am not on a project.

 

To my knowledge according the the law they should pay even if I am not on bench.

 

Is that true that I only get paid when I am on project? If not then what canIi do to get my latest pay stubs.

 

Thanks

Rahul

 

[JoeF]

You ABSOLUTELY have to get paid, even on bench. THAT is the law!

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

[jairichi]

Irrespective you being on bench your employer has to pay you. File a complaint immediately with DOL or you will be in lot of trouble. If your pay has been stopped that means you are out of status. 

[rahul412]

Hi,

 

Currenlty I am on H1B  through a consulting company. Since last 3 months they stopped paying me saying that it is unlawfull to generate a pay stubs since I am not on a project.

 

To my knowledge according the the law they should pay even if I am not on bench.

 

Is that true that I only get paid when I am on project? If not then what canIi do to get my latest pay stubs.

 

Thanks

Rahul

It is unlawful for not placing you on a project on time. You need to get paid every month on H1, currently you are out of status for not getting paid.

 

ONLY a complaint against that FRAUD employer will keep you in status and will help you for H1 transfer.

[pontevecchio]

File a complaint with the Federal DOL ASAP. Get moving. Use GOOGLE. Research the matter. Next time be careful in your choice of employers.

[Rahulb1974]

Thanks Joe and Jairichi.

 

Can someone provide me an link on it which says that we need to be paid even when we are on bench. Is this law same for all the states.

 

Thanks

Rahul

[omshiv]

By law you need to get paid. Complain with DOL against the fraud employer and lets close their shop else you'll be in trouble in the future during H1 transfer or stamping

[t75]

And find a better employer. They lied to you.

[rahul412]

Thanks Joe and Jairichi.

 

Can someone provide me an link on it which says that we need to be paid even when we are on bench. Is this law same for all the states.

 

Thanks

Rahul

Just google it their are 1000's of posts about this. Moreover, just read your LCA you will understand why you have to get paid every month.

[JoeF]

Thanks Joe and Jairichi.

 

Can someone provide me an link on it which says that we need to be paid even when we are on bench. Is this law same for all the states.

 

Thanks

Rahul

20 CFR 655.731.

http://edocket.access.gpo.gov/cfr_2008/aprqtr/20cfr655.731.htm

"(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA. If the employer's LCA carries a designation of “part-time employment,” the employer is required to pay the nonproductive employee for at least the number of hours indicated on the I-129 petition filed by the employer with the DHS and incorporated by reference on the LCA."