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  #1 (permalink)  
Old 07-09-2009, 01:45 PM
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Smile H1 consulting to fulltime

I work for company A as an employee and consult for company B.Recently, the consulting gig at company B was over and the client is willing to take me as full time.But company A says they have a contract and hence i cant go work for B.My question is if Company A fails to pay me the minimum wage on LCA and if i complain to DOL can i then go and work for company B or will there be any complications.
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  #2 (permalink)  
Old 07-09-2009, 02:05 PM
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Can someone pls reply.Any response is appreciated.
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  #3 (permalink)  
Old 07-09-2009, 02:21 PM
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Default Lca

If your pay stub have less than the amount in the LCA means you and your company in trouble. They are in trouble because of breach of the law and your H1B is in trouble, if you continue to accept this salary.


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Originally Posted by dcguy View Post
I work for company A as an employee and consult for company B.Recently, the consulting gig at company B was over and the client is willing to take me as full time.But company A says they have a contract and hence i cant go work for B.My question is if Company A fails to pay me the minimum wage on LCA and if i complain to DOL can i then go and work for company B or will there be any complications.
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Last edited by dealsnet; 07-09-2009 at 02:24 PM.
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  #4 (permalink)  
Old 07-09-2009, 02:26 PM
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My Pay Stub has more than the amount mentioned on the LCA upto this point.What i am asking is if my employer doesnt pay me the minimum LCA pay from now on and if i complain to DOL will i be able to take the full time offer from client after H1 transfer.
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  #5 (permalink)  
Old 07-09-2009, 02:41 PM
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Default Move

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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Originally Posted by dcguy View Post
My Pay Stub has more than the amount mentioned on the LCA upto this point.What i am asking is if my employer doesnt pay me the minimum LCA pay from now on and if i complain to DOL will i be able to take the full time offer from client after H1 transfer.
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  #6 (permalink)  
Old 07-09-2009, 03:00 PM
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Thanks for the reply dealsnet.

I am not sure, yet.I am just gathering more info to evaluate my options if they dont pay the minimum mentioned on LCA.
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  #7 (permalink)  
Old 07-09-2009, 03:53 PM
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Smile Nothing much they might do.....

Quote:
Originally Posted by dcguy View Post
I work for company A as an employee and consult for company B.Recently, the consulting gig at company B was over and the client is willing to take me as full time.But company A says they have a contract and hence i cant go work for B.My question is if Company A fails to pay me the minimum wage on LCA and if i complain to DOL can i then go and work for company B or will there be any complications.
Depends on Company A to a large extent. Will they walk thier talk or is that only a warning to hold you (the hen laying golden eggs-

I personally have done this in CA and now atleast 5 to 10 others folks(consultants) from my past consulting company that did this...the consulting company had 100 to 150 employees who they sent out as consultants.

if Company A is a big shot he might mess up later....


Also, depends on their relationship with Company B, if they try to mess up with you after Company B hires you then that "could" mean no further contracts from Company B for Company A.

So Company A might not mind loosing one employee to Company B.

Lots of "If"

I also recently heard of a team of consultants (10 guys) who were from a BIG company and 5 of them joined the client after the contract. There were a few calls hosted with HR and legal and they would have normally taken action, but did not in this case as anways the economy was bad and they were planning of reducing headcount.

All the best !!

PS - just realised that this not the answer to your question on LCA....in anycase all the best my friend !!

Last edited by ca_immigrant; 07-09-2009 at 03:55 PM.
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  #8 (permalink)  
Old 07-09-2009, 04:06 PM
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Default Law

It doesn't matter the company A or B is big or small. If you are doing it according to the law, no one can touch you in this country. You can't be a slave. You can fight Microsoft or any other big companies. Many employees sued big companies. Google it and find it out.
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  #9 (permalink)  
Old 07-09-2009, 04:21 PM
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Default

Quote:
Originally Posted by dcguy View Post
I work for company A as an employee and consult for company B.Recently, the consulting gig at company B was over and the client is willing to take me as full time.But company A says they have a contract and hence i cant go work for B.My question is if Company A fails to pay me the minimum wage on LCA and if i complain to DOL can i then go and work for company B or will there be any complications.
I am not even sure why you told them this before joining company B. Just ignore them and move on. They cant pay you, they cant pay for legal action.
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  #10 (permalink)  
Old 07-09-2009, 04:45 PM
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Default

Quote:
Originally Posted by dealsnet View Post
If your pay stub have less than the amount in the LCA means you and your company in trouble. They are in trouble because of breach of the law and your H1B is in trouble, if you continue to accept this salary.
The important thing is, Year-to-Date Salary vs LCA Salary.

One or two pay stub will less money does not matter as long as Year-to-Date > LCA Salary. In fact, even bonus counts as part of Salary to compare with LCA salary.


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  #11 (permalink)  
Old 07-09-2009, 04:49 PM
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Default Hourly rate

Some H1B documents have hourly rate, weekly rate (instead of yearly salary) mentioned. If he get less than the signed rate, he have a point against the employer.

Quote:
Originally Posted by desi3933 View Post
The important thing is, Year-to-Date Salary vs LCA Salary.

One or two pay stub will less money does not matter as long as Year-to-Date > LCA Salary. In fact, even bonus counts as part of Salary to compare with LCA salary.


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  #12 (permalink)  
Old 07-09-2009, 04:50 PM
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Default

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Originally Posted by dealsnet View Post
It doesn't matter the company A or B is big or small. If you are doing it according to the law, no one can touch you in this country. ......
What you said is good in theory only.

There are so many civil lawsuits are filed everyday and many of them are settled out of court to avoid further cost of litigation. One need money even to defend a lawsuit. Party with deeper pockets have upper hands due to this.

If you are right and have patience, time, money, and persistence, it is likely that you will prevail at the end. But, for many, they run out time and/or money.


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  #13 (permalink)  
Old 07-09-2009, 04:53 PM
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Default

Quote:
Originally Posted by dealsnet View Post
Some H1B documents have hourly rate, weekly rate (instead of yearly salary) mentioned. If he get less than the signed rate, he have a point against the employer.
It does not matter, if there are paychecks where hourly rate paid > LCA hourly rate. One more point, the hourly rate could be average computed rate that includes other perks such as Bonus.

What is your defense for getting paid more? If the difference is too much, you may need new LCA and/or H-1B amendment and can put one out of status due to this reason alone.
.
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  #14 (permalink)  
Old 07-09-2009, 04:54 PM
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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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  #15 (permalink)  
Old 07-09-2009, 05:01 PM
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Default Company Agreements

Companies have agreements with each other before taking consultants. Some companies allowed to take the consultants after 3 months gap from the employment with the client.

Ask the company B, if they have these kind of agreements. If not, no problem. If any these agreements with companies, it is not affect you. It will sour the relationship with company A & B.
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