Unique situation - please advise

AdviseSeeker2

New Member
Hi all,

I am in a very unique situation. I am working for a small software company on H1-B visa. My company is not doing good financially and so is not able to pay us on time. As of today, we are caught up only till Aug 2003 payroll i.e., we are lagging behind by nearly 6 months. The company has been trying to pay us whenever any revenue comes in but I am not sure when they could catch up in total.

My question is - Will I be considered to be on bench since I am not getting paid on time? Is my status still legal? Does the company not have any obligation to pay it's H1-B employees on time irrespective of it's financial situation?

If the company goes bankrupt and do not pay us the remaining salary amount, would I be considered to be working illegally because I did not receive any pay for those x months?

Please help.
 
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