legal action to get salary and tranfer of H1B

[bapu100]

Hi,
I have been on bench for 4 months and my employer has not been able to place me on a project(there has been no salary given during this period). Now, my employer is threating me to revoke my H1B. In the meantime another employer is willing to hire me and wants recent pay stub to process H1B for me. Here are my questions:
1) Can my employer revoke my H1B without giving me salary for the period i have been with him?.(he is demanding a letter from me stating that i have been on vacation for 4 months)
2) If i proceed legal action against my employer and get the salary (with pay stub), can i have breathing time to transfer my H1B to another company?.
Pl. clarify.
Sincerely,
Bapu

 

[jaxen]

1. Although the employer can revoke the H1 whenever it is convenient to him, he still have to give you the salary until revocation date. He can predate the effective date.

2. Unfortunately there is no "breathing period". Consult an immigration lawyer.

Maybe you can start by sending a certified letter to your employer asking for salary for the past few months...

 

[Jim Mills]

It seems (I've never had to make this argument but I've always wanted to see how it would come out) that the argument would be that you have always been an employee of the company and that is why the employer owes you the salary. Since you have always been an employee, you have always maintained your status and the employer's illegal action does not invalidate your status.

Don't sign the vacation request. At least not until you are clear about what you want to do and how you intend to do it.