Posted by: pyaradeshbasiharu October 25, 2009
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Unicorn,
"About getting your visa stamped, again you don't need this stamped until you decide to travel outside US."
He needs to get visa stamped because his H1 was approved without I94.
" so, do you mean that the previous American Consulting firm, who sponsored your H1B didn't know that there is no benching for H1B candidates? Did you file your H1B petition through them or was it a transfer as well? Did you ask any vacation time from them, if no..then legally you shouldn't be out of status (well it depends.....)...technically they should be the one paying you for that period of time with your paystubs...You can consult a lawyer, and file petition against them at DOL... "
It seems rather strange that they didn't know that there is no benching for h1b candidates and I don't buy this..
You are absolutely spot on , on filing WH4 with DOL in your state to claim back wages.It's Intrepid right to get back his back wages. Again , this was the mistake he did, had he filed WH4 with DOL then it would have put him in H1B status even though he was not getting Paid. His H1B would have come withe I94 attached on it and he didn't have to go for Stamping.
It really amazes me that most of us who are on H1b don't even know the Rights of the H1B holder..U should be paid all the time during the H1B time, if a employer is not willing to pay you when the Project is over, file a Complaint to State DOL to get the back wages.In short "KNOW YOU RIGHTS AS H1B holder"