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  #16 (permalink)  
Old 07-09-2009, 05:02 PM
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Originally Posted by dcguy View Post
I have 52k mentioned in my LCA and i used to get paid 7k each month. So, according to u if the employer pays me for 8 months and does not pay me for the rest of the year, he is fine.
If your LCA salary is 52k and you are getting paid 84k, please check your LCA. You may need new LCA and/or H-1B amendment.

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But, doesn't the payroll need to be run every month i am on H1B no matter how much he paid me the months before.
Compliance Assistance Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B Visas)


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  #17 (permalink)  
Old 07-09-2009, 05:04 PM
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Default Yearly rate

If it is yearly rate, he can pay you $1 for each paystub after the amount mentioned in the LCA. He need to pay you for 12 months.


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Originally Posted by dcguy View Post
I have 52k mentioned in my LCA and i used to get paid 7k each month.So, according to u if the employer pays me for 8 months and does not pay me for the rest of the year, he is fine.

But, doesnt the payroll need to be run every month i am on H1B no matter how much he paid me the months before.
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I am not a lawyer. This is my personal opinion.
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  #18 (permalink)  
Old 07-09-2009, 05:12 PM
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Are you sure, they are going to pay you less than in LCA? If yes take one check with lesser amount and complain to labor dept. Also move your H1B to another company. They can't complain against you. They breach the agrreement with you and labor dept for the salary, if they cut your pay. So you have a case against them.
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If it is yearly rate, he can pay you $1 for each paystub after the amount mentioned in the LCA. He need to pay you for 12 months.
I noticed that you have changed your stand.

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  #19 (permalink)  
Old 07-09-2009, 05:20 PM
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So, since i have 52k on my LCA and he has paid me 40k until now for this year, how much should he pay me next month legally.
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  #20 (permalink)  
Old 07-09-2009, 05:39 PM
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So, since i have 52k on my LCA and he has paid me 40k until now for this year, how much should he pay me next month legally.
dcguy,

2 questions:

1) You are now being paid $7k monthly. Why or what makes you think employer A is gonna pay you less next month? Isn't your paystub fix?

2) What is the "contract" about?
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  #21 (permalink)  
Old 07-09-2009, 05:45 PM
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fittan,

1) I was working at a client place until last month, so employer was making money and paying me 7k.But, now the contract has ended.He gave me the offer letter for 84k but the LCA minimum salary is 52k.So, by law how much does the employer need to pay me next month legally.
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  #22 (permalink)  
Old 07-09-2009, 05:58 PM
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fittan,

1) I was working at a client place until last month, so employer was making money and paying me 7k.But, now the contract has ended.He gave me the offer letter for 84k but the LCA minimum salary is 52k.So, by law how much does the employer need to pay me next month legally.
dc, the 52K stated in the LCA is the "minimum". The purpose is so that the labor dept knows that employer A is not a sweat shop and most importantly not artificially depressing American workers wages.

Since you're making waayyy over this, I don't think you have a case. By law, you're supposed to be paid what is stated on the offer letter.

Just a warning, since you've already rattle the snake, you need to be careful since if employer decides to terminate your H1B...you're done. Since this will be a cluster F, I would clandestinely do a H1B transfer to employer B and deal with whatever afterwards. Good luck.
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  #23 (permalink)  
Old 07-09-2009, 06:03 PM
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fittan,
I want the employer to either terminate my H1-B or pay me my salary.If he terminates the contract i can go join the client on full-time basis.

But, if he doesn't terminate me and doesn't pay me atleast the minimum mentioned on LCA then do i have a case against him to complain to DOL and file WH-4.
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  #24 (permalink)  
Old 07-09-2009, 06:43 PM
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fittan,
I want the employer to either terminate my H1-B or pay me my salary.If he terminates the contract i can go join the client on full-time basis.

But, if he doesn't terminate me and doesn't pay me atleast the minimum mentioned on LCA then do i have a case against him to complain to DOL and file WH-4.
Just FYI ...
Job Termination does not necessarily mean termination of any contractual and/or non-compete agreement.

Please consider seeking advice from attorney who specializes in Business and Contract Law in your state.


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  #25 (permalink)  
Old 07-09-2009, 06:50 PM
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Actually, the thing is i never signed any contract or non-compete with the employer.It is the contract between the employer and the client that is the problem.I talked to client lawyer about the contract and they said it's an open ended contract and will not hold in the court even if files a suit against them.

What i am hoping is for my employer to break the law by not paying me, since they haven't terminated me for the past 25 days, that way if he threatens to file a lawsuit i can threaten him of complaining to DOL, so that he shuts up.
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