Confused with no option?

G

gidiguy

Registered Users (C)
I need you advice. I received my GC(stamp on my passport) more
than a month ago. My Company has been trying(so they say) to find me work
but has not been successful(you know the current economy situation).
I spoke with them recently about where both stand as per the Company\'s
obligation to find me work. I am still on their payroll(on the bench with
no pay)and they don\'t mind that. BUT, the issue is that the HR person of this Company told me that if I leave the Company(if I resign), they will
contact INS. They want me to hang around for at least 3 months.
I am not happy about the whole situation, after all, they ar enot paying
me and I want to move on. They are saying they are not obligated to do
anything.

My questions are:
1. Can they actually contact INS(when they don\'t have job for me)?
2. Can I leave them since it is not my intent(as they can not find me work to do)?
3. What is the INS legal implication on my part NOW and FUTURE?
4. IS this Company intimidation valid or can it jeopardize my Permanent
Residency?
5. What is the walk-around for this as I am trying to play it safe?
6. IS it the Company\'s fault(Company\'s intent) if they can not fix me
up with a job assignment?
7. Do I have any option(s)?

You advice and suggestion will be appreciated.

Thanks.
 
do this..

you should prepare a resignation letter with the problems..
and leave that way..
so that you have a valid case against them saying they are not paying you.. not able to find you job.. i don\'t think they can do anything to your GC.
 
Companies cannot contact INS just for the heck of it...

If you have prepared to leave, I would do this if I was in ur situation:-

Write a mail to them demanding salary( there is no concept of bench).
Do this couple of times.
If they dont respond,send a mail (physical one) with registeration to HR..
Then send in a resignation letter ,stating that ur resigning because they are not paying you and mention the dates and the no of times you tried to contact them to corroborate ur letter.

you should then be fine..

shanks
 
my 2 cents

1. There is no concept of Bench (or without pay) with H1B, hence company is illegally doing it. But on other side, you are liable to inform INS if the companies do so. Hence you are at fault too, though minor as compared.

2. After passport stamping, with CP cases, yr GC card should arrive in 2-4 weeks (usually for all rest CP cases). Hence to play safe wait for that time.

3. After passport stamping, you have A# (ie GC#). Hence even if you had worked for a month with a company, you are practically safe to leave company. Make sure as shanks says, keep communications with company and then leave.

4. With description, it sounds like you are with a desi company. They will never goto INS (because they may have done a lot of irregularities). don\'t worry!!
 
You can rule on them!!!!

Simply send an email or letter saying that you guys have not paid me salary for so many months. If it is not paid in so & so period you will take legal action against them including complaint to INS.

Before you do that put the same question with RON in imminfo.com site. He will answer within 24 hrs & is a very good lawyer.

Do not give any sh** to such company. The company has obligation to pay.
 
Wait it out

If required get another job on the side. You will gain nothing by fighting with the company. Wait for three months and then leave. Make sure you keep active communication and try to help them find you work. That way you will be clean during citizenship.
 
You must log in or register to reply here.
Top