may lose job (H1B) while on vacation in india pls help!!

[midland69]

Here is my story...
Applied H1B while on OPT, got approval, got stamped here in india (H1B effective oct 1st 09) everything went well but the problem is with the employer, while im on vacation, company started firing people, and my supervisor(desi) is taking advantage of condition and threatening me, he told that when i return on sep 22nd 2009 i shud not start working directly instead i have to wait until OCT 15th and then start working. I don't understand why is that so can anybody plZ explain the reason behind this and what is he exactly trying to do?
is he threatening becos i may put transfer to another comapny before OCT 1st 09?
please help me, im in this situation !

[txh1b]

You must get paid from Oct 1st if you enter on Sep 22nd. If you need to transfer to another employer, you can do it now and return to work for the new employer once approved (no new visa stamp needed) than work for the scumbag.

Once you have an approved H1b cap counted, you can move to another employer if you are not in US without a paystub. Read the FAQs.

[midland69]

thank you for your reply
can i continue my leave for few more days in US ?
pls let me know is this a problem if i start working frm oct 15th.

[txh1b]

USCIS does not accept such reasons of leave without pay in US as they have had enough crooks trying to play by the loopholes. They have closed them now and you will be at risk as the transfer will not get approved.

[midland69]

pls suggest me what i need to do in this case
im travelling to USA on sep 22nd.
shud i delay for some more time and stay in india
actually i dont have plans to transfer my H1B right now.
pls help me

[shervin143]

In that case, delaying your stay would be the right thing to do. What is the point in travelling early if you are not going to work for almost a month and not getting paid? Having proper pay stubs for your period of stay in U.S will help you later. Extend your vacation, enjoy your time with your family and friends and plan your return in the 3rd week of october.

pls suggest me what i need to do in this case
im travelling to USA on sep 22nd.
shud i delay for some more time and stay in india
actually i dont have plans to transfer my H1B right now.
pls help me

[midland69]

thanks for the reply
but tell me is it a serious problem if i afford to go USA on sep 22nd.
becos there will be many people on bench without paystubs while on H1.
my problem here is it has been almost 3 months vacation and im not sure i will hold this job if i delay further.

[shervin143]

but tell me is it a serious problem if i afford to go USA on sep 22nd.
becos there will be many people on bench without paystubs while on H1.

>>>>> There is no such thing as "bench" for a H1B candidate. As long as you are in U.S and your employer still holds your H1B, you need to get paid as per your petition. Either your employer provide you the required work and pay for it or he can keep you in so called bench (no work) and still pay what he has promised. As per law, if you are in U.S, then you need to get paid as per petition and maintain those paystubs for future extension/transfer/immigration.

my problem here is it has been almost 3 months vacation and im not sure i will hold this job if i delay further.

>>>>> Didn't you say that your employer doesn't want you to join until Oct 15th? I am confused. Are you saying that you will travel on Sept 22nd. Join work on sept 23 but will get paid only from Oct 15th? Doesn't make any sense.

[midland69]

i mean i am traveling on sep 22nd and joining the job on OCT 15th.
can i apply for 2 weeks leave with employer ?? and manage this situation from losing the job
situation is very bad in compny.

[shervin143]

If you are going to join back on 15th Oct, then can't you postponed your travel date from 22nd Sept to 12th or 13th of Oct? I still don't see what your problem is. Your employer need not pay you for the time you spend outside U.S. But if you reach U.S on 22nd, then your employer will have to pay you for the period of Oct 1st (Since your H1B is effective from Oct 1st 09) to Oct 14th irrespective of whether you have a project or not. I don't think that I could be any more clear.

i mean i am traveling on sep 22nd and joining the job on OCT 15th.
can i apply for 2 weeks leave with employer ?? and manage this situation from losing the job
situation is very bad in compny.