Legal Question in Immigration Law in California

H 1B status

Dear Lawyers

A consulting company sponsered H 1B for an employee and offered him to pay only when he gets to work on a consulting project for them.How long can the employee be on legal H 1B status before he gets a project and actual paychecks.And what happens to status during the period when one project ends and he has to wait for like 1-2 months before he gets another project.The deal is no project no pay and employer has to keep looking for projects.


Asked on 2/11/03, 12:25 pm

2 Answers from Attorneys
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: H 1B status

Your employer is putting you on bench. That's in violation of H-1B regulations. They must pay you the prevailing wage -- even if you are not working.

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Answered on 2/11/03, 12:30 pm
Myron Morales Lee Lane Smith LLP

Re: H 1B status

Dear Sir or Madam:

Benching is not permitted. If such is the case, then you will be deemed to not be complying with the terms of your status.

Please feel free to contact me if you have any additional questions.

Sincerely,

Myron R. Morales

Law Offices of Myron R. Morales

743 E. Broadway #425

Louisville, Kentucky 40202-1711

(502) 468-6404

[email protected]

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Answered on 2/12/03, 4:29 pm


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