I am in US (H4) status from year 2011 as my spouse is on a H1 visa. I got my H1 done through a desi consultant from Kansas and got approved. I am still searching for prospective clients to offer me a job. My employer does not pay me until I find a client, is that ok? Is it mandatory in H1 that every month my employee does my payroll or there is sometime for me to search for clients ?
Why are YOU looking for clients. This 'desi consultant' from Kansas must put you on the payroll IMMEDIATELY ... 'benching' is not allowed.
Also it is their responsibility to find clients.
This company appears to be breaking the law.
Meet with an attorney in private.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I agree with Professor Capriotti. Under the Department of Labor regulations, your employer must pay you what was stated in the H-1B petition and Labor Condition Application, regardless of whether you have clients or not - it is the employer's responsibility to secure the work for you and pay you (even if there is no work). As Professor Capriotti stated, you should consult with an immigration attorney immediately, since your status is also in jeopardy.
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