salary on bench

[H1B_Moni]

Hi,

I have 2 question for H1B visa

1. If after completion of one project, employee comes on bench then employers are supposed to pay them salary as per the government law if it is not mentioned in the contract papers between employee and employer?

2. How much a contract is valid if employee signed it in India with the signature of the person who is no more in the employer's company?

I am in problem. This questions are related to me. Recently I have transfered my H1 to another employer. My last employer reversed back the salary of from my bank account. And they are not ready to pay the bench salary even.They are saying that it wasnt in our contract that we will pay you salary on bench. What should I do?

Anywhere USCIS has provided this law that employee should be paid during bench period? If yes then please give me the link for it so I can show my old employer.

Thanks

[txh1b]

Contract has got nothing to do with H1b salary. They have to pay you at all times. Complain to DOL on a WH4 form.

[ajaysharmlondon]

bank account access

How can they reverse the salary from your account? Once the money is deposited in your account then it is yours.
First of all where your bank is located? If in India then US laws are not applicable. If in US then you can pursue a fraud case against your employer.

Contract signed between you and employer has nothing to do with your H1B visa. They have to pay you the money no matter you are on project or not. If they have reversed the money, as suggested file WH4 form ASAP.

Also remember that if you have signed the contract then they can come after you to recover the money. If the contract says about liquidated damages then you are in trouble my friend.

ajay

[txh1b]

How can they reverse the salary from your account? Once the money is deposited in your account then it is yours.

Not true. Any ACH payment can be reversed.

http://query.nytimes.com/gst/fullpage.html?res=9D0CE4D7173BF930A15750C0A961958260&sec=&spon=&pagewanted=all

[ajaysharmlondon]

ACH payments

wow...i never ever imagined that it is possible.

Thanks,

Ajay

Not true. Any ACH payment can be reversed.

http://query.nytimes.com/gst/fullpag...pagewanted=all

[H1B_Moni]

After filling WH4 form

Hi,

I have a question for my friend. He is in USA since more than a year. Till now he has not got any project. Hi employer failed to get him any job here. They are not even ready to pay him the bench salary. He is planning to to fill WH4 form against them. But he is worrying that if labor department calls his employer then they will terminate him. Please let me know what negative effects are possible for him if he fill WH4 form?

Secondly if he dont hire any lawyer for his case then what are the chances for him to win the case?

Thanks

[txh1b]

A lawyer is not needed for WH4 form complaint. Your friend should read the Neufield memo. Retaliation for a complaint is illegal as per DOL.

In either case, your friend should find a real job.