Maintaining H1 status on bench (without pay)

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Jack109
Member since: Jul 04

Posts: 254
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Post ID: #PID

Posted on: 17-08-07 12:56:49

Are there any governing rules for H1 that explicitly state that the employer (body shopper) has to keep paying salary(federal tax) even though the employee may be on the bench.

What is the use of issuing an H1 when the federal government will not realise thier basic amount on the salary that is filed?

Cheers,
Jack109

cdn_dude
Member since: Dec 05

Posts: 942
Location:
Post ID: #PID

Posted on: 17-08-07 13:00:18

Quote:
Originally posted by Jack109

Are there any governing rules for H1 that explicitly state that the employer (body shopper) has to keep paying salary(federal tax) even though the employee may be on the bench.
Cheers,
Jack109

While on H1, keeping the employee on the bench without pay is illegal.

Jack109
Member since: Jul 04

Posts: 254
Location:
Post ID: #PID

Posted on: 17-08-07 14:19:10

I will finish my 1095 days in Canada on Nov 18th'2007.

If I get my visa issued on Sept 27th'2007 and get my first project on
Jan 16th 2008 (assumption) am I illegal in that period?

If I get my visa stamped on Sept 27th and enter US from Toronto
on Jan 15th 2008 is it legal?

Cheers,
Jack109

Jack109
Member since: Jul 04

Posts: 254
Location:
Post ID: #PID

Posted on: 17-08-07 14:25:01

How do people desi consultants manage this part as they would have all filed for their green cards?

souvik_k
Member since: May 04

Posts: 57
Location: Toronto
Post ID: #PID

Posted on: 17-08-07 15:05:21

Quote:
Originally posted by Jack109

I will finish my 1095 days in Canada on Nov 18th'2007.

If I get my visa issued on Sept 27th'2007 and get my first project on
Jan 16th 2008 (assumption) am I illegal in that period?

If I get my visa stamped on Sept 27th and enter US from Toronto
on Jan 15th 2008 is it legal?

Cheers,
Jack109

As long as you enter on or around Jan 15th you are fine.

cdn_dude
Member since: Dec 05

Posts: 942
Location:
Post ID: #PID

Posted on: 17-08-07 15:17:49

Quote:
Originally posted by Jack109

I will finish my 1095 days in Canada on Nov 18th'2007.

If I get my visa issued on Sept 27th'2007 and get my first project on
Jan 16th 2008 (assumption) am I illegal in that period?

-- As long as you enter US and start working immediately (no bench) you are fine.

Quote:

If I get my visa stamped on Sept 27th and enter US from Toronto
on Jan 15th 2008 is it legal?

Cheers,
Jack109

-- Yes.

cdn_dude
Member since: Dec 05

Posts: 942
Location:
Post ID: #PID

Posted on: 17-08-07 15:19:05

Quote:
Originally posted by Jack109

How do people desi consultants manage this part as they would have all filed for their green cards?

-- They keep working (without being on bench). If there is no project, i.e. in case you have to be on bench, then the employer has to pay you by law.

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