H1 Employer terminating and re hiring

[abandyop]

I joined Company M on 10/2/2013 and was placed at a client's project. The project got over on 5/2/2014 and on the same day M terminated my employment with them. They send me a termination email on that day and revoked my petition today. They never offered a return ticket to my home country.
I have got another project on which I will start on 6/16/2014 and on the same day they plan to re hire me . They say , they are filing a new petition.
I have not been paid for the 6 interim weeks and do not have paystubs. I have been telling them that I am out of immigration status and I will need to go to India (as part of consular processing). They say things will be fine and this is a normal process for them.
I do not know if I should trust them. I feel they are simply trying to avoid paying "bench" - which is illegal. The termination itself was not a bona fide one. I do not believe they are revoking my petition and re filing but amending my previous H1 since I have a new client.
Please advise !!! Need urgent help !!! TIA

[raghvi]

I joined Company M on 10/2/2013 and was placed at a client's project. The project got over on 5/2/2014 and on the same day M terminated my employment with them. They send me a termination email on that day and revoked my petition today. They never offered a return ticket to my home country.
I have got another project on which I will start on 6/16/2014 and on the same day they plan to re hire me . They say , they are filing a new petition.
I have not been paid for the 6 interim weeks and do not have paystubs. I have been telling them that I am out of immigration status and I will need to go to India (as part of consular processing). They say things will be fine and this is a normal process for them.
I do not know if I should trust them. I feel they are simply trying to avoid paying "bench" - which is illegal. The termination itself was not a bona fide one. I do not believe they are revoking my petition and re filing but amending my previous H1 since I have a new client.
Please advise !!! Need urgent help !!! TIA

Ask them how they intend to prove you were in status during the lat 6 weeks without payroll?

[abandyop]

Ask them how they intend to prove you were in status during the lat 6 weeks without payroll?

I do not see any such intention from their end.
Can same employer re hire on same petition ? Can same employer revoke petition and file new one? My status is in jeopardy-I had no clue they would do this.

[raghvi]

If they cant show that you are in status then the H1 petition would either get rejected or approved as consular process.

This is my opinion not legal advice.

[abandyop]

If they cant show that you are in status then the H1 petition would either get rejected or approved as consular process.

This is my opinion not legal advice.

Yes I know the same. Why shall I take chances because they are not willing to pay for "bench"? What do you suggest?
That is why I think they are not filing a new petition but amending the existing one since I have a new client.
Thanks for your responses.

[raghvi]

Yes I know the same. Why shall I take chances because they are not willing to pay for "bench"? What do you suggest?
That is why I think they are not filing a new petition but amending the existing one since I have a new client.
Thanks for your responses.

Well the choice you have is between sticking with current employer and getting back on status or leaving US and reentering on a valid visa along with a valid petition of another employer.

What the employer might be doing is trying to show that you are in valid status by running some payroll for you for the bench period without actually paying you or somehow adjusting that amount. So I would suggest you let them do what they want, get onto to a project , get few valid pay stubs and then try for a transfer. If you try for a transfer with another employer then you would have to depend upon the current employer to provide you pay stubs which you dont have.

All in all, though the employer does seem shady , you need to do as they say OR leave US and re enter with another employer's petition.
This is my opinion not legal advice.

[abandyop]

Well the choice you have is between sticking with current employer and getting back on status or leaving US and reentering on a valid visa along with a valid petition of another employer.

What the employer might be doing is trying to show that you are in valid status by running some payroll for you for the bench period without actually paying you or somehow adjusting that amount. So I would suggest you let them do what they want, get onto to a project , get few valid pay stubs and then try for a transfer. If you try for a transfer with another employer then you would have to depend upon the current employer to provide you pay stubs which you dont have.

All in all, though the employer does seem shady , you need to do as they say OR leave US and re enter with another employer's petition.
This is my opinion not legal advice.

The employer paid me 4 weeks (bench) so that I have pay stubs till end of May.
Now they went ahead and filed another H1 - I do not know why ! It was a change of client , do they need to file a new petition? I do not understand what is going on and thinking of contacting DOL.

[raghvi]

A change of client would need a new LCA and an amendment to the H1. As I said earlier, though the employer appears shady, they are helping you maintain status, get valid client letter, and valid pay stubs for a few Months and then try for a transfer.

This is my opinion not legal advice.