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  #1 (permalink)  
Old 07-07-2009, 02:03 AM
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Default H1B Employer has put you on bench?

If you have been on bench for a long time with no wages paid, then you are by law in unlawful state. It is not your fault, but the employer, since he has violated the terms and conditions of the LCA that he has filed.

Another case would be when your employer demands filing fee for H1B.

What should you do when this happens to you?

For the answers, read:
What should be done when an H1B employer misuses the terms of his petition?

on the IV wiki page here.
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  #2 (permalink)  
Old 09-02-2009, 09:32 PM
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Default Another related question...pls answer and help me tnx

I've been here in the US since january, i got approved with my H1b october 2008 through temporary permit even without license (physical Therapist) for the past 7 months i've been staying with a relative in a diffrent state with no work coz initially the employers pln is for me to work through temporary permit and then when my visa was approved they change their plan and asked me to pass my stateboard exam first. But sadly i failed three times. But the thing is, I was not really able to focus on my exam coz im satying with a relative that requires me to live along with them help with chores so no definite time for review, that may cause my failed exams. My previous employer bought me a plane ticket going back to my country. My questions are:
1. Can i file a complaint with DOL/USCIS because i was not able to work?
2. Is there a way I can transfer my H1b visa with other employer without the license and paystubs?
But my real concern money, emotion and time was wasted because I was not able to work which supposedly I should, Btw i paid for my plane ticket coming here because they said they gonna reimburse even my 3 failed exams i paid for it. Please help me on the query.Than you very much
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  #3 (permalink)  
Old 09-02-2009, 10:39 PM
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Quote:
Originally Posted by anilsal View Post
If you have been on bench for a long time with no wages paid, then you are by law in unlawful state. It is not your fault, but the employer, since he has violated the terms and conditions of the LCA that he has filed.

Another case would be when your employer demands filing fee for H1B.

What should you do when this happens to you?

For the answers, read:
What should be done when an H1B employer misuses the terms of his petition?

on the IV wiki page here.
But if he/she files a complain to USCIS/DOL, then the USCIS will consider it lawful and force the employer to pay wages or fire and provide return tickets. USCIS holds the employer liable for back wages till the point employer cancels the H1B visa.
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