H1B Visa Salary and Stamping

[ashishdeep]

Hello,
My wife has been on H1B Visa effective Oct 1 2014, She was on bench until February 2015 and was not paid any salary. Afterwards when she is on her project she is getting paid per her billing rate negotiated with the end client. I know it is no correct on employers end to not pay salary while on bench. However, now she is traveling to India and will be getting her Visa stamped.

What all documents should she carry in case a question over not getting paid for last year is asked? Would a letter signed by employer that shows leave without pay or absence request suffice?
Please advise.

Ashish

[shervin143]

There is no concept for bench while a person is in H1B. The H1B petition is approved by USCIS because the employer guaranteed that they have work for the duration they have requested. So whether they can provide work or not, they are suppose to pay the employee as per the approved LCA. And, there is no such thing as leave without pay while a person is on H1B. If a person cannot work and get paid, then they should convert to some other dependent status rather than being out of status on H1B.

If the VO asks for 2014's W2, then your wife will be in trouble. There isn't much you could do now. It depends on what documents the VO asks and what all they check. The employer can pay the backdated salary and then you can talk to a financial consultant to pay 2014 taxes and make it correct. But that will take time.

Check the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

[ashishdeep]

Hi Shervin,

Thanks for the response, I understand the whole issue ... Do you think there is a workaround / justification for not having a W2 / salary slips for 4 months?

[shervin143]

Not unless you had a medical issue that prevented you from working and you have documents to support that claim.

Hi Shervin,

Thanks for the response, I understand the whole issue ... Do you think there is a workaround / justification for not having a W2 / salary slips for 4 months?