H1 - Not being paid bench time & no pay stub

[krishna2016]

Hi Friends,

I am on H1B visa I been working with my employer for over a year now. I am on bench for 2 weeks now and my employer didn't run payroll and no pay. I am usually paid bi-weekly, my last received pay stub was dated April 15, 2016 (up to April 2).

He puts me on different projects and this time it took a little longer to get a project (last day on project Apr 1, 2016 and the April 15 pay stub included pay period up to April 2).

I am actively looking out for new project in which case my employer may consider paying (least possible) or try get full time job and transfer my visa. I am not sure how much time I have to keep trying to find a new employer

My current visa is due to expire in October this year. My employer just mentioned that I do not work for him anymore even though verbally and H1 is good until October (assuming he doesn't revoke or anything).

Please provide any suggestions as to how I should go about making him pay me and run pay roll during bench time.


Thanks in advance,

Krishna

[raghvi]

Hi Friends,

I am on H1B visa I been working with my employer for over a year now. I am on bench for 2 weeks now and my employer didn't run payroll and no pay. I am usually paid bi-weekly, my last received pay stub was dated April 15, 2016 (up to April 2).

He puts me on different projects and this time it took a little longer to get a project (last day on project Apr 1, 2016 and the April 15 pay stub included pay period up to April 2).

I am actively looking out for new project in which case my employer may consider paying (least possible) or try get full time job and transfer my visa. I am not sure how much time I have to keep trying to find a new employer

My current visa is due to expire in October this year. My employer just mentioned that I do not work for him anymore even though verbally and H1 is good until October (assuming he doesn't revoke or anything).

Please provide any suggestions as to how I should go about making him pay me and run pay roll during bench time.


Thanks in advance,

Krishna

Complain to DOL.

This is my opinion not legal advice.

[krishna2016]

Complain to DOL.

This is my opinion not legal advice.

Thanks for your response Raghvi, I however have a couple questions:

1. If I take this route what will happen to my current H1 as it has 6 more months and would he not revoke it right after my complaint and lets say I don't find a job for sometime then I would be out of status, right? what is the work around

2. what would be the worst case scenario in case I go ahead complain to DOL, I would not anticipate any legal issues as I have a family and a dependent child. Also I assume I find a new employer very soon

3. Is it okay if I just leave it as it is and wait until I get another employer to transfer the visa, would the new employer be okay with me not having pay stub for a month or so? if the new employer is okay for not having a paystub or 2 would it be an issue at the time of GC process? Please advise

Thanking you

Krishna