Legal Question in Immigration Law in New Jersey

H1B status without paystub?

Hi,

My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)

Is he out of status?

Can he show that he is on vacation till he gets a project?

Is there any other way?

Pls help.

Thanks!


Asked on 5/19/08, 4:48 pm

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1B status without paystub?

Based on the information that you provided, your friend is still in status, though he is not currently maintaining status. If he is not working because the employer does not have any projects for him, the employer is still required to pay him.

It is unclear what your friend's concern is at this point. He can either begin doing projects for his current employer or may wish to consider changing employers so that he may regain status in accordance with his H-1 visa.

If you have any additional quesitons, please do not hesitate to contact me.

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Answered on 5/19/08, 4:58 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: H1B status without paystub?

Seems like your friend has been benched in violation of H-1B regulations. His employer is required to pay him irrespective of whether he has a project or not. Since your friend has NO pay stubs whatsoever the employer may claim that he never came to work for him at all which makes bringing a claim against the employer difficult. Your friend is in a difficult situation and may want to consider transferring his H-1B (but without pay stubs it will be an uphill battle). Your friend can speak to me and we can see what can be done.

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Answered on 5/22/08, 12:11 pm


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