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ConfusedImmigra

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I am a consultant (on an H1B) that the consultancy firm holds. I have been on the bench for a few months. Today, two men, one from the Department of State, and one from ICE, came to my house and interviewed me about my employer and asked a number of questions about my work situation. They said they are trying to avoid exploitation of workers since I am not getting paid on the bench. They said they are not investigating me, but a complaint against the employer. They asked me not to tell the employer about their visit. I am very concerned about what this means for me. Any help would be much appreciated. What should I do, if anything?
 
to me, it is going to be a mess. if you let your employer know, you will be fired .
If ICE is going to prosecute the coy, you are still in trouble unless ICE is going to grant you visa transfer.

Since you have already been interviewed ( and I presume you admitted that you are on bench without pay) if you dont have any other visa options, you are at the mercy of the ICE.
 
Thanks, Desi2007. In this situation, can I start school? I haven't told my employer anything, but how will ICE grant me a visa transfer? I don't know what to do :(
 
ConfusedImmigra said:
I am a consultant (on an H1B) that the consultancy firm holds. I have been on the bench for a few months. Today, two men, one from the Department of State, and one from ICE, came to my house and interviewed me about my employer and asked a number of questions about my work situation. They said they are trying to avoid exploitation of workers since I am not getting paid on the bench. They said they are not investigating me, but a complaint against the employer. They asked me not to tell the employer about their visit. I am very concerned about what this means for me. Any help would be much appreciated. What should I do, if anything?
Click to expand...

May be the persons were from DOL and not from Department of State and somebody has filed complaint against your employer and he/she also informed DOL that you are also on bench.
 
Thanks Ginnu. They actually said they were DoS and ICE. What implications does this have on my status, if my employer is investigated?
 
If you have not been paid (as it sappears from your posting), any new H1B approval will require consular processing rather than a COS.

You know that being benched without pay is againts the rules of the H1B program. You should cooperate with the DOL investigation, file your own case and hope for payment of back wages.
 
Concerned4us said:
If you have not been paid (as it sappears from your posting), any new H1B approval will require consular processing rather than a COS.

You know that being benched without pay is againts the rules of the H1B program. You should cooperate with the DOL investigation, file your own case and hope for payment of back wages.
Click to expand...

you also file complaint again your employer with DOL that employer is not paying you wages and you are on bench. Request the DOL to recover your wages. Your complaint letter to DOL should be signed by you with date and keep the copy of complaint letter with you.
Find new employer and let the new employer file H1 transfer for you. Attach the copy of your complaint letter that you sent to DOL and explain that it was not your mistake and employer ABC has violated H1 regulation/rules and your employer ABC has not paid you and you don’t have latest pay stubs.
 
Another thought... if my I-140 is approved with the current employer, how will transferring affect that? Also, does that mean that I am currently out-of-status? Will the DOL or DOS/ICE take any actions against me?
 
ConfusedImmigra said:
Another thought... if my I-140 is approved with the current employer, how will transferring affect that? Also, does that mean that I am currently out-of-status? Will the DOL or DOS/ICE take any actions against me?
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Do you have I-140 approved?
Did you file I-485?
Do you have EAD?
Why don’t you post you full details?
 
I have the I-140 approved, but my priority date is not current (filed on EB3), so I-485 is not filed yet. I am on H1B but have been on the bench since April. I don't want to lose my I-140 etc. if I move to a new employer.

I am worried if the company goes bust, then my H1B will be invalid - more than it is now. If I get a new project, will the time inbetween on the bench be considered a temporary layoff? I read somewhere that is the case.

I think my employer knows that they are being investigated, right? ICE would have sent them a notice?
 
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