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Old 06-30-2009, 12:35 PM
martinvisalaw martinvisalaw is offline
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Originally Posted by rbalup View Post
Today my employer mentioned that they were not deducting health insurance from my paychecks from the time I joined the company about 4 yrs now. They are asking me the pay it now for the last four years gradually going forward.

Is it legal for the employer to do so?
If they haven't deducted health insurance earlier wouldn't it be considered as a benefit to the employee.
How do I respond to such a situation. I am not looking to strain the relationship with my employer. Please advice.

Thanks in advance.
If you are in H-1B status, the employer signed an LCA agreeing to provide the same benefits to you as to other employees. If they violated the obligations on the LCA, you can complain to Department of Labor. Of course, this might jeopardize your job.

I don't know why the company wants you to pay health insurance for the past 4 years, if they haven't been paying it. Why would you pay for past coverage that might never have existed?
Elaine Martin
Law Office of Elaine Martin
Phone: (214) 329-4148
Toll-free phone: 1-866-318-8813
Dedicated exclusively to immigration law since 1997

This message does not create an attorney-client relationship if we have not both signed an engagement letter. This message discusses general legal questions and other matters. It should not be used or relied on by anyone as legal advice.
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