Hi Guys,


I need an urgent help. I am on H1B and was working on a project through an american consulting firm. My project got over and my company told me that they will hold my H1 for a while but will not pay me on this period.

As I know I will be OOS from the day when my payroll is not running.

I am trying to find options what should I do for a now to save my status. If you guys have similar experience or any suggestion.

Please Please share !!

Thanks

Hi  pyaradeshbasiharu

I was expecting for your reply.

I am aware that they have to pay me all the time, but for them its easy to revoke my H1 then instead of paying me during the bench. So they told me they are doing favor of not revoking H1 right away.

Right now I don't have valid I-20 right, so I can't file for COS to F1. Next one is transferring H1 to some desi consultancies, but these days denial rate is too high, until they have some active project on hand.

Next one should be Change to B2, I am not sure what is its approval rate is.

Thanks for suggestion

"So they told me they are doing favor of not revoking H1 right away."

File I-539 and change your status..Spend few bucks and Consult an immigration lawyer ASAP..

 

Pyaradeshbashi ..I am also same phase ..my employer told me he will run the pay check for one month only i am working as BA since one years..what I supposed to do ...please suggest yar..

Hi  pyaradeshbasiharu

Check your inbox

Ocinboy,

what is that COS -Non Immigrant status...can we get that from USCIS ...website..

Check for Form I539 from USCIS website

Hi pyaradeshbasiharu,


Do you have link from DOL where it stated that H1B can not take unpaid leave or they can be on so called bench period.

I have to show that document to my employer

Thanks,
dd_sh

dd_sh,

Here is that section,

but it did not mention anything as we discussed :(

(n)
Labor condition application




(1)
No alien may be admitted or provided status as an
H–1B nonimmigrant in an occupational classification unless the employer
has filed with the Secretary of Labor an application stating the
following:




(A)
The employer—






(ii)
will provide working conditions for such a
nonimmigrant that will not adversely affect the working conditions of
workers similarly employed.

"An employer is in violation of the LCA requirement at §1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work or due to the H-1B nonimmigrant’s lack of a permit or license.  The current U.S. CIS H-1B regulations specify that if a license is required to perform in a position, the employee must have the license before the petition will be approved.  If the position changes and later requires a license, the employer must continue to pay the employee the required wage while the employee awaits licensure"

 

“Benching” is the term used for temporarily laying off an employee or putting the employee in nonproductive status without pay or with reduced pay during periods of no work.  This practice is most common in the service of contract industry (i.e., recruiting firms/companies).  In other words, benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business.  In all these situations, the INS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition."