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  1. #1
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

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

    If you're laid off or unemployed, you are supposed to return to your nation of origin.

    Your employer is supposed to pay you, at a minimum, the salary described on the labor certification even if you are benched.

    Why don't you tell us what happened?

  2. #2
    Join Date
    Aug 2008
    Posts
    2

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

    Well, I joined my employer on 1 Jan 08 & I didn't get job for next 6 months...so I was not paid for any of these period & I'm still on his H1. Now, I got job in June 08 ...but my employer said he don't have money & that he can pay after 2 months...he paid 1st check on 15 aug 08 for period 1st jun to 15 jun 08...is this leagl? Will there be any problem for me at any time from INS??

  3. #3
    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.

  4. #4
    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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