H1B Visa Issues

With everyone seeking opportunities in America, H1B visa is the key looked-forward visa category. Whether you are seeking employment in America or any one of your friends, relatives or colleagues, H1 issues come first.

Beyond Innovation Inc., is providing you here with some fundamental queries, to facilitate, regarding H1 ship.

  1. For a benched employee, what are the H1B rights and options?

Someone who is working between projects and is under sub-contract for another end client is referred to as a benched employee. For such an employee, the consulting company would be considered, in the eyes of law, as an employer.

  • If the employee is suffering from No Work condition (due to no project assignment), he/she is entitled to get compensation.
  • If the employer fails to pay H1B employee then employer is at risk of penalties.
  • Employer possesses the rights of not paying H1B employee during the leaves taken for personal reasons as illness, vacation, etc.
  • But if it is stated otherwise in the contract, employer is liable to pay the salaries.
  • Temporary shutdown in work does not mean that employer won't pay the salaries. According to federal laws, employer is bound to pay even when the employee has not been working.
  1. How long an employee can stay after being laid off?

Law agencies advise H1B employees to leave the country as soon as possible after being laid off, to avoid legal issues. For stay in USA, you need to have a visa in "valid" state or it should be in "processing" state.

  1. If a person is not getting any pay but is still the employee of said company, what will be his/her status?

As per Federal law, everyone with an H1B visa should get the pay from US employment's day one. H1B employee is legal with valid visa hence he/she can appeal for such a case in court.

These are few generic queries mostly asked by people seeking H1B visa or already employed utilizing this visa. If you are facing any problems or have any queries you can share your problems with seasoned consultants at BI.

You can also follow these links to find solutions to your problems.