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  1. #1
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Is a Pay Date Gap More Than 2.5 Months Legal?

    You are already in trouble for not getting paid for the previous 6 months. You have a job with your employer, and he is obligated by law to pay you whether or not he has a project for you to work on.

    Your employer and you are obviously abusing the H-1B visa program. Report your employer to the Department of Labor in order to get your missing wages. Find a legitimate employer and have them file a new petition not under cap which will likely require that you leave and re-enter the country before you begin work.

    Contact an immigration attorney for assistance with all of this.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is a Pay Date Gap More Than 2.5 Months Legal?

    Quote Quoting T53147
    View Post
    Find a legitimate employer and have them file a new petition not under cap which will likely require that you leave and re-enter the country before you begin work.
    Unless his current employer is cap-exempt, by receiving an H1B he's already been counted against the cap.

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