Bench Pay

I am on a H1 B visa as a salried consultant with a consultant firm in July 2000. When I joined the firm, I was assured that they have no bench policy (I would get paid regardless to whether I was working at a client side or not).I was about to hit bench in Dec 2001, and was informed that the company's bench policy had changed and with the new formula, I would accrue 1 week per month worked to a maximum 8 weeks anually. It worked out that my project was not terminatee and I worked till Dec 2002. I have been on bench for since jan 2003. My understanding is that I will get paid for 8 weeks. However, I received a call from my company today stating that they have a new bench policy now, which only entiltles me to 3 weeks of bench pay.

My question is that , Is it not true that according to the ACWIA Act, if I am on H1 B visa, I need to get paid till my firm finds me a new project?

I am on a H1 B visa as a salried consultant with a consultant firm in July 2000. When I joined the firm, I was assured that they have no bench policy (I would get paid regardless to whether I was working at a client side or not).I was about to hit bench in Dec 2001, and was informed that the company's bench policy had changed and with the new formula, I would accrue 1 week per month worked to a maximum 8 weeks anually. It worked out that my project was not terminatee and I worked till Dec 2002. I have been on bench for since jan 2003. My understanding is that I will get paid for 8 weeks. However, I received a call from my company today stating that they have a new bench policy now, which only entiltles me to 3 weeks of bench pay.

My question is that , Is it not true that according to the ACWIA Act, if I am on H1 B visa, I need to get paid till my firm finds me a new project?

Hey H-1B,

It sound like your company is screwing you up with its frequent policy changes. Your employer could careless about your H-1B situation. Companies in these days are sticking to the labor laws, not the INS/DHS regulations. I understand that you could get into a serious trouble if you would not be able to show pay stubs continuity when filing I-485. You could be deemed fallen out of H-1B status.

Someday

No Bench-Pay is allowed on H-1. You are out of H-1 status.
find another job asap