Bench since hire

B

bujuku

New Member
My friend\'s employer has not paid her anything since he brought her on H-1 in June 2001. She has been trying to get a project but has not got any all these months. She has no pay, no health insurance and has been living with relatives. Is there any way she can still claim legal status by being on "leave without pay"? how long can she stay on "leave without pay"?
I would really appreciate your help in guiding her about her options.
 
That\'s rough

I think one has to get on payroll within 30 days of landing in USA on H1. Though not your pal\'s fault she could be considered out of status. Keep in mind that 180 days of unauthorized stay in USA invokes a 3 year ban. If she were to do a H1-H1 transfer INS may ask for pay stubs.

If she has not been terminated then non-payment of salary on bench is a violation of the law. Finally (sorry!) but if she decides to return the sponsoring employer owes her a return ticket.
 
No Title

I have been using this letter lately for H-1 to H-1 transfers who have been unemployed for a fair amount of time, and it has worked for two so far. There is a code section in the law that allows the officers to use their discretion if an employee has been out of status through no fault of his own, (i.e. laid off or not given a project), and who has not violated his/her status in any other way. I tell them that the employee has no pay stub, but I request that they use their discretion in the case in allowing them to transfer jobs anyway.

Gabriel D. Jack
Attorney at Law
gjack@gabejack-law.com
 
Urgent, please! H1-B transfer without paystub

I got laid off from Campany A on 08/28 but my last paystud is 11/02. Now my friend will transfer me to his own company B with a full-time position. But acturally I won\'t work for him. I will continue to find another company C to sponsor me and give me a real position.
1. If I transfer my H1-B to B sucessfully, without the paystub for a long time, am I in status and legal to stay?
2. When my transfer is processed by INS, if I find C, can I transfer my old H1-B again?

Thanks.
 
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