We see the same cycle with some H-1B employers: (1) they bench an H-1B worker without pay; (2) the worker understandably wants to transfer to a new employer who pays him; and (3) the benching employer offers the worker fake paystubs, to “help” the worker transfer.
If YOU find yourself in this situation, do NOT accept [...]

Tags: Benching, Changing H-1B Employers, Extraordinary Circumstances, H-1B Transfer, USCIS

Image via Wikipedia

Many underpaid H-1B workers make assumptions about their situation that (while understandable)  are incorrect.
Below are several assumptions we have heard from H-1B employees that are wrong.  If you have been making the assumptions below, you may be stopping yourself from improving your situation.

Tags: Benching, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B salary, H-1B Transfer, H-1B Wages, H-1B Worker's Wrong Assumptions

Image by mirsasha via Flickr

Question 1: I’m an H-1B employee and I have benched without pay, but I have found a new employer. I have no pay stubs. Can I “transfer” without leaving the U.S.?
Question 2: I’m an H-1B employee and I was benched without pay, but when I complained, my employer fired me. I [...]

Tags: H-1B change of status, H-1B new employer, H-1B pay stubs, H-1B Transfer

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If you’re an H-1B worker who has been benched or otherwise underpaid wages, and you’re interested in trying to address your problems, you should consider acting promptly.  Promptly educate yourself about the legal options you have, and promptly take action.  If you take take the right actions at the wrong time (i.e. after [...]

Tags: Benching, Department of Labor, H-1B, H-1B - DOL Complaint, H-1B Employee Rights, H-1B Legal Rights, H-1B Transfer, H-1B Wages, Prompt Action - H-1B, USCIS

On various occasions we have received calls from H-1B workers who became aware of various legal rights (e.g. right to file a wage complaint with Department of Labor) from information they found on the internet (e.g. DOL’s website pages about H-1B wage rights).
While it is a great thing to educate yourself, please do not make the mistake [...]

Tags: Benching, Complaint, Department of Labor, DOL, H-1B Complaint - DOL, H-1B Employee Rights, H-1B Legal Rights, H-1B Pay, H-1B Settlement, H-1B Transfer, H-1B Wages, Prevailing Wage

If you are an H-1B employee, and your employer is terminating your job and has offered you a severance agreement, you should consider the following things. (Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific severance agreement and circumstances).

Tags: Benching, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Layoff, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Severance, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage

Does your H-1B employer:

Rip you off (e.g. make you pay H-1B filing fees, underpay your wages, etc.)?
Subject you to abuse (e.g. threaten you with job termination or deportation)?
Want you to do things that you think are unethical?

If you answered ‘yes’ to one or more of these questions, then you may well have a legal claim [...]

Tags: H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage

If you are an employee with concerns about your H-1B employer, or you think you may pursue a legal action someday, please know that the documentation you keep is critical.
For example, you should make sure you save all important documents, such as your Labor Certification Application (LCA) and other H-1B documents, as well as all [...]

Tags: Documentation, H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Journal, Prevailing Wage, Retaliation

You know your employer is violating the law. Perhaps, he has benched you with no pay; is paying you less than the required wage; has you sending out resumes instead of writing a computer program.
So why do H-1B employees put up with this situation?
One of the main reasons an H-1B employee tolerates exploitation rather than [...]

Tags: H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage

If your H-1B employer (or former H-1B employer) underpaid your wages, you may be interested in complaining to the employer or pursuing legal action, but worried about what may happen to you. You may be worried that, if you complain about unpaid wages, you may lose your H-1B status, and be subject to deportation.  These [...]

Tags: H-1, H-1B, H-1B Employee Rights, H-1B Fraud, H-1B Legal Rights, H-1B Pay, H-1B Rights, H-1B salary, H-1B Settlement, H-1B Transfer, H-1B Wages, H1, H1B, Prevailing Wage