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  #1 (permalink)  
Old 11-01-2008, 02:01 AM
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Angry Salary issue with H1B- Salary reduced due to economy

I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

Any help would be great.
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  #2 (permalink)  
Old 11-01-2008, 04:41 AM
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They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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  #3 (permalink)  
Old 11-01-2008, 09:42 AM
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The government published pay that an LCA is evaluated against is usually lesser than the actual pay for that type of job in a region.
If your LCA was filed with a salary that is right on the number, you would be in trouble.
If there is wiggle room, you ought to be OK as long as the new salary is still more than the published LCA.

We are all used to getting raises and bonuses at the end of the year.
But these are very bad times; some cuts at this time are a harsh reality for businesses. But I think it is better for everyone in the company to take a small $ pay cut if it saves others within the company their job.

If your employer is only cutting your salary, that is a bad situation to be in. You should try and get out of there ASAP.
But if it is across the board, more than likely they will restore as soon as things get better.
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  #4 (permalink)  
Old 11-01-2008, 09:56 AM
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Quote:
Originally Posted by countdrak View Post
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.

I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
I will search for similar cases and post here if I find something.
Good luck.
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  #5 (permalink)  
Old 11-01-2008, 10:47 AM
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Default

Quote:
Originally Posted by countdrak View Post
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

Any help would be great.
I assume this is your fisrt job/assignment and understand your pain.
May be you are at wrong time and wrong place. Work this out patiently.
Do they ( your company) have work for you or client's assignment ??
While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
BTW, how about your skill set ??
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  #6 (permalink)  
Old 11-01-2008, 01:32 PM
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Quote:
Originally Posted by countdrak View Post
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.

Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.

Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.

If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.

2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.

Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
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  #7 (permalink)  
Old 11-01-2008, 03:58 PM
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Default

Thank you all for your responses.

I am working directly for the company, this is not a desi consultant but a legit desi owned business.

The difference in wage is about $7 an hour and total of around $13k a year. It doesn't seem like they give a crap about "breaking the rules". At the same time I don't want to be a party to that and be out of status later on.

My question is suppose I quit and go back to my H4 and in this economy dont get a job --- Can I get a job in 6 months and transfer my h1 or will I have to apply for a NEW H1 through the quota again?

Guessing how stingy these guys are , I don't think they have the time and the inclination to go out and cancel my h1. At the same time I want to get this done amicably so as to hold my job for 6-8 months. From some of the posts I have seen that the DOL doesnt really respond and required tremendous amount of proof and companies can pay a small fine and go on with their lives.

Last edited by countdrak; 11-01-2008 at 04:07 PM.
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  #8 (permalink)  
Old 05-05-2013, 05:36 PM
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Default Urgent Help Needed, Reduced Salary, H1B Transfer

All,
Thanks in advance for reading my post.
Here is my situation, and I request you to please help me with your advice. Itís very urgent.

1. I have a Ph.D. in Applied Physics and I am working for a small semiconductor company. 2. Since November 2012, my employer reduced my salary by about 35% citing budget cuts.
3. No amendments were filed to reflect the changes in my salary during the last 6 months.
4. With a mutual understanding, I used some of the time during the last few months to travel to conferences to network and attend job interviews.
5. I finally got an offer from a different company.

I am concerned if my situation would make the new H1B transfer difficult .
Any suggestions on how to deal with this situation especially if you have gone through similar scenario will be extremely beneficial.

You help is highly appreciated.

Thanks,
R
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  #9 (permalink)  
Old 05-06-2013, 03:45 PM
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Quote:
Originally Posted by rag_visa View Post
All,
Thanks in advance for reading my post.
Here is my situation, and I request you to please help me with your advice. Itís very urgent.

1. I have a Ph.D. in Applied Physics and I am working for a small semiconductor company. 2. Since November 2012, my employer reduced my salary by about 35% citing budget cuts.
3. No amendments were filed to reflect the changes in my salary during the last 6 months.
4. With a mutual understanding, I used some of the time during the last few months to travel to conferences to network and attend job interviews.
5. I finally got an offer from a different company.

I am concerned if my situation would make the new H1B transfer difficult.
Any suggestions on how to deal with this situation especially if you have gone through similar scenario will be extremely beneficial.

You help is highly appreciated.

Thanks,
R
I am very sorry to read of your situation. I know how difficult it is to manage during these times. Anyways, in my opinion file/transfer your H1B to a new company. Hope the salary level will be to your original level with new company. I do not forsee any issue making the H1B transfer if you do it ASAP. However, please check with an attorney.

Thanks and good luck.
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