DistantNews
Support us
'12 years in the US, leaving with empty hands': Indian woman says her H-1B was revoked because employer didn't run payro
🇮🇳 India /Culture & Society

'12 years in the US, leaving with empty hands': Indian woman says her H-1B was revoked because employer didn't run payroll

From Times of India · () English

Summarized and contextualized by DistantNews.

At a glance

News Sources not specified Outcome reported
  • An Indian woman is returning to India after 12 years in the US on an H-1B visa because her employer stopped paying her salary.
  • Her H-1B status was revoked as her employer did not run payroll, preventing her from transferring to another job.
  • US Citizenship and Immigration Services rules require H-1B holders to actively maintain status by being paid, and pay stubs are needed for visa transfers or extensions.

An Indian woman shared her distressing experience of having to leave the United States after 12 years, stating she is "leaving with empty hands." Her H-1B visa was revoked because her employer, an IT consultancy, stopped running her payroll for six months. This situation left her unable to transfer to another employer, forcing her family to return to India.

I came to the US 12 years ago with dreams of building a better life. Unfortunately, my employer stopped paying my salary for the last six months.

— Indian womanDescribing her situation after her H-1B visa was revoked.

"My employer destroyed everything we spent 12 years building," she wrote in a post to an NRI group. She explained that her husband had to switch to an H-4 visa status, and she couldn't apply for it in time. The couple has three children, including an infant, and the loss of their established life in the US has left them with "no choice but to return to India."

My H-1B status was eventually revoked because my employer didn't run payroll, and I couldn't transfer to another employer.

— Indian womanExplaining the reason for her visa revocation and inability to find new employment.

The woman mentioned she has filed a complaint with the Department of Labor. Her case highlights a common issue faced by H-1B visa holders employed by IT staffing agencies and consultancies. These companies often supply workers to clients, but the clients do not manage their payroll. Under USCIS rules, H-1B visa holders must actively maintain their status by working and receiving pay as per their Labor Condition Application. Crucially, proof of continuous employment, typically in the form of pay stubs, is required for visa transfers or extensions.

After losing everything we worked so hard to build, we have no choice but to return to India.

— Indian womanExpressing her family's decision to leave the US.

Unethical employers in the consulting sector sometimes stop paying "bench" employees, those between client projects, to save costs. This practice, known as "benching" without pay, is illegal under Department of Labor regulations, as sponsoring employers are legally obligated to pay the full wage during non-productive periods. However, even when this occurs, USCIS may still consider the worker to have fallen out of H-1B status due to the lack of pay stubs, leaving them vulnerable.

Today I am leaving the US with empty hands. My employer destroyed everything we spent 12 years building.

— Indian womanReflecting on her 12 years in the US.
DistantNews Editorial

Originally published by Times of India. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

More Stories

From Our Blog