L1A - Stay in USA without salary but be an employee

[abhi2001]

Hi,

I am on an L1-A visa and my wife works on L2 EAD. If my project ends my company will ask me to relocate back to India as per their policies. Can they keep me as an employee of the company without salary in the USA?

I'm not being fired but they just don't pay me salary and I am OK with it. This is so that my wife continues to work while I am on bench looking for other projects under my L1A employer.

Thanks in advance for any answers.
Abhi

[hikes]

On H1 or L1, you have to have a job and must be paid every month.
You will lose your L1 status if you are not paid.

[abhi2001]

Thanks for the quick reply.

I have the job but the employer is not paying me, is that possible? Or is salary a must? Can he pay me in India as L1 is an intra company transfer?

[hikes]

Currently, I assume you are in the US and not in India. You must be paid every month to be in status in the US.
If you do not have project now meaning is that you are in bench.
Benching without pay is illegal. You employer is violating the law by not paying you.

[abhi2001]

Thanks.
Yes I am currently in USA.