H1B_Bench_Status

[milf]

Can anyone please let me know what would happen in the GC process like in my case i am in H1 with extension till 2010 and my labour got approved in Nov 2007, i was working till Jan31 08 at the client place with my present employer on % basis and since then i am not getting paid by my employer from Feb 08 to till today.

My question is

1.) Am i out of status since Feb08? if yes then would i get any problem in my GC process as i want to file my 1-140 within 2-3 days since my labour is going to expire within 2-3 months, i am still searching for the job...and i am still with the same employer with whom my Labour got approved..

2.)Assume at this moment if i go with the fixed salary basis PER ANNUM with my present employer (who agrees too along with me), then how it would affect my GC process and my status as i know that my employer wont pay any salary for the FEb,Mar month

i appreciate if anyone can give answers to my present situation.

Thanks
OrangeCounty

[immihelp]

1. Yes, you are out of status.

2. Harm is already done. On H-1B, you are always supposed to be fixed salary basis.

[txh1b]

You need to be paid at the least the minimum wages on your LCA. Salary basis or % basis is not an excuse for not getting paid. The employer is mandated by law to pay the LCA wages whatever the understanding is between you and them.

You can complain to DOL on a WH4 form. Google DOL + WH4.

Getting paid is the only way one can be in status on a H1b visa.

[milf]

1. Yes, you are out of status.

2. Harm is already done. On H-1B, you are always supposed to be fixed salary basis.

Fine, In my present situation can anyone tell me what would happen to my I-140 which i filed yesterday. How it will harm to my i-140 considering the fact that for approval of my i-140 it will take no less than 10 months to approve.

Thanks

[DMX17]

I-140 may be approved.

Benching without pay issues come up at the time of I-485 (last stage) when USCIS checks your things such as out of status issues, income tax returns etc.

[milf]

I-140 may be approved.

Benching without pay issues come up at the time of I-485 (last stage) when USCIS checks your things such as out of status issues, income tax returns etc.

Thanks for the info, since i have submitted my i-140 just yesterday, what are the chances that my attorney would ask me to submit my latest paystub from Feb08 onwards. will they care for this or not. bcoz i remember when i submitted all the related documents for i-140 in Jan08 while i was working she ask me to submit 3 previous pay stub which i did but after that she ask me to submit additional notorized experienced letter documents before submitting i-140, and now i got those notorized documents from my previous employer last week. so now my attorney would again ask me to submit my Feb,Mar paystub in order to file my i-140? if she ask then what i should do as i am in bench since Feb08.

Thanks

[DMX17]

milf,

You take care of the issue with attorney. I don't know what to say to the Attorney about pay stubs. I am done.

[txh1b]

Taking care of attorney is not the issue, taking care of USCIS is THE issue.