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Please Help - Not Paid
- Thread starter Raj09
- Start date
I am eligible for AC21 and on bench for one month and not paid. I am still on H1b, legally till how many days on H1B can anyone be without paid even in I-485(AOS) stage. Please advice.
post your full case details. we dont know if your I-485 is pending, if I-140 approved. I-485 filing date
gravitation
Registered Users (C)
I am eligible for AC21 and on bench for one month and not paid. I am still on H1b, legally till how many days on H1B can anyone be without paid even in I-485(AOS) stage. Please advice.
As per the law, they're supposed to pay u full salary even if you're on bench. You're still an employee; doesn't matter if they don't have work for you.
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PBECIsKillingMe
Registered Users (C)
As per the law, they're supposed to pay u full salary even if you're on bench. You're still an employee; doesn't matter if they don't have work for you.
You can claim this as sick period but it should not exceed some time frame. The time-frame is vague and can effect only if they inquire. Generally they don't. I don't think you have too much to worry about.
I am eligible for AC21 and on bench for one month and not paid. I am still on H1b, legally till how many days on H1B can anyone be without paid even in I-485(AOS) stage. Please advice.
I had such problems earlier, even not being on I-485.
If they do not pay you - technically, you loose H-1B, unless you use your sick days (onle few available I guess), or are on a non-paid vacation. Since I wanted to be in status (H-1b), I asked the company for non-paid vacation and got a letter from them stating that, with dates and reason (family absence), it was for several months (3 months i think). Spouse did same (we both were working for same company, both on H-1b, company run out of money). I luckily found another job and transferred my H-1B, and my spouse switched to H-4 based on my new H-1B. Later we submitted i-485 and indicated that absence and included the copy of the letter, it looks like it worked, at least no questions were asked on interview. I am not sure if there is any 'limit' for this...
For you should be less problem, since you are also on pending I-485, you have no risk being out of status, just risk loosing your H-1B. But then you simply can switch to working on EAD.