Confused

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.
 
Some observations

> 1. Can they actually contact INS(when they don\'t have job for me)?

Why would the company want to attract attentions to themselves by contacting the INS? Moreover what will they say - "O btw we are not paying gidyguy who had his passport stamped a month back and we have a few more cases like him"?

> 2. Can I leave them since it is not my intent(as they can not find me work to do)?

The company is expected to keep you employed, if you can document that they are not keeping you employed then you can leave by all means.

> 3. What is the INS legal implication on my part NOW and FUTURE?

Difficult to predict with ever changing laws.

> 4. IS this Company intimidation valid or can it jeopardize my Permanent Residency?

Company intimidation if documentable is one more valid reason for you to quit.

> 5. What is the walk-around for this as I am trying to play it safe?

You have all the first hand inside information on the Company so you can come up with the best solution. Make friends, use influence and get what information you want.

> 6. IS it the Company\'s fault(Company\'s intent) if they can not fix me up with a job assignment?

No, company is only supposed to keep you employed (or in the job) they are not supposed to "look" for another job for you :)

> 7. Do I have any option(s)?

Dont like to say it but - quiting is an option! There are exceptions :)
 
Simple Answer. Find another job and Leave them

Try to find another job ASAP. They can\'t do anything. If you are not paid, you are the one who has run the FAMILY, no them.

By just informing INS, they are in deep trouble. Not you.
 
Play their tune to them!

Gidiguy! Tell them that you are willing to stay with them as long as they are willing to pay you to wait!

If they have held you on bench without pay, any time during your H1 Status, they have a legal problem. Going to INS would be like preparing to commit suicide. They know this and you don\'t.

Don\'t worry -

a. Ask them to pay all your dues (Salary during bench).
b. Do not show your intent to leave, as this would violate the basis of and void your GC.
c. Tell them that you always wanted to work for them, but they have to pay your salary - as per your offer.
d. Tell them you may need to go to INS, if they fail to do so.

I am pretty sure, you will be releived immediately - with no consequence.

All the best and Do not Worry!

Anand
 
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