Benching Period

[fem.kumar]

Hi,

 

Is there a deadline by which I should file a complaint with DOL for my green card process not to get hurt?

 

I am currently on H1B. Last year my company forcibly put me on furlough in spite of my pleading with them not to do so. Since, my W2 forms and pay stubs from the last year show that, have I already hurt my GC process. Does complaining to DOL help me?

 

Thanks

[JoeF]

A WH4 can only be filed within a year of the violation.

[t75]

You were out of status while on furlough.  OOS can always be an issue in GC processing.

 

There is no reason for you to receive preferential treatment over USCs and LPRs when deciding which employees would be retained. If it was a mass furlough it would be very different than just not paying you. I believe it depends on the circumstances so check with an attorney and the DOL

 

I believe the employer should have filed to cancel your H1B sponsorship and rehire and refile for H1B when you were needed again.