H1B Bench - company breach of contract

[ckode]

Hi Guys, I need help with some information. I started with company A earlier this year and they sponsored me for non profit H1B visa. During that time they did not pay me for about a month and half because they did not have any assignments for me. I recently found out that it is illegal to do so. I approached them and they completely dis agreed on paying me for that period.That I found that according to my contract if a breach has been determined and not fixed within 30 days the contract is null and void. I am looking for other employers who can sponsor my visa and transfer.After the transfer is completed I am planning on notifying my employer. Any advice that could help me will be appreciated. 

[jairichi]

Hi Guys, I need help with some information. I started with company A earlier this year and they sponsored me for non profit H1B visa. During that time they did not pay me for about a month and half because they did not have any assignments for me. I recently found out that it is illegal to do so. I approached them and they completely dis agreed on paying me for that period.That I found that according to my contract if a breach has been determined and not fixed within 30 days the contract is null and void. I am looking for other employers who can sponsor my visa and transfer.After the transfer is completed I am planning on notifying my employer. Any advice that could help me will be appreciated. 

You are right. You need to find a complaint with DOL for not being paid when on bench. Start looking for another cap exempt employer.

[rahul412]

That I found that according to my contract if a breach has been determined and not fixed within 30 days the contract is null and void.

 

On H1 you need to get paid every month. Only thing you can do is file a complaint against your FRAUD employer and with that complaint you can file for H1 transfer. Currently you are out of status.

[JoeF]

You need to file a complaint with DOL on form WH4. The DOL will make the employer pay you.

ALso, with a pending WH4 you can transfer the H1.

[ckode]

Hi Guys, Thank you for the reply. I will filling a complaint with the DOL. Right now, the client location I am working for is offering me a job. Coz my company breached my contract - it is null and void so can I work for the client directly? Kindly advice?

[jairichi]

Hi Guys, Thank you for the reply. I will filling a complaint with the DOL. Right now, the client location I am working for is offering me a job. Coz my company breached my contract - it is null and void so can I work for the client directly? Kindly advice?

Talk to a good attorney first.