H1 Transfer and without pay stub

[ejaz03]

Hi,

I need some info. Like i transferred my H1B visa to my current employer X in jan 2012, but since then i am on bench and without pay. I heard that i can't be on H1 B visa for more than 45 days without pay stub. My status will get changed. Please guide or advice what is the correct information.

Thanks and regards,

[goomail]

Even if you are on bench on H1, as per the H1 regulations, the employer MUST pay you. If not, you are out of status and it will affect future visa/gc processes. You need to talk to your employer, and if they are not ready to pay, you can file a compliant with DOL.

[shervin143]

When you are in H1B status, you need to be working and getting paid every month as per the approved LCA to maintain your H1B status. If not, you are considered out of status on H1B. Being out of status can hamper your future petitions, visa stamping and immigration process. The employer is suppose to pay you irrespective of whether they have work allocated to you are not. If the employer is not paying you correctly, then you can file a complaint with DOL and make the employer pay to reinstate your H1B status. Filing a transfer to another employer with a copy of a complaint can help the H1B transfer process. Check the below links.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

Hi,

I need some info. Like i transferred my H1B visa to my current employer X in jan 2012, but since then i am on bench and without pay. I heard that i can't be on H1 B visa for more than 45 days without pay stub. My status will get changed. Please guide or advice what is the correct information.

Thanks and regards,