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Sam, Attorney at Law
Category: Immigration Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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H1B employee faces various kinds of bench period. Check out

Customer Question

H1B employee faces various kinds of bench period. Check out here :
Recently arrived H1B employee from foreign, reports to work or provide intention to work ( see the sample attached) for H1B employer , and yet the H1B visa employer refuse to pay the salary. Should this letter can act as proof that h1B employee had all the intention to join the company and reported to work ? If yes, then in case of employer refuses to pay the salary on bench. Can this letter be used as a valid argument that employee was available all the time, and H1B employer refuses to pay. Whether the wordings of the report to work sample is kind of enough.. or did I miss something ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Sam replied 1 year ago.


This is Samuel and I will​ discuss this and provide you information in this regard.

First of all, ​the law prohibits any type of "bench" period. And yes, your letter should serve as evidence that you were here, ready, willing and able to work.