h1bxvictim Posted October 25, 2016 Report Share Posted October 25, 2016 My yearly salary in LCA is not equally distributed in my monthly pay stubs , so far for the first 3 months i was paid more than the pro-rata hourly rate as my billing rate is higher . After my resignation, my employer issued a pay check( of previous months, by that time i did not resign) that is significantly less than the first 3 pay checks. Can the employer reduce the hourly rate due to my resignation , even though the year to date pay matches with the salary in the LCA. Link to comment
JoeF Posted October 25, 2016 Report Share Posted October 25, 2016 Billing rate is completely irrelevant for the pay on H1. The amount on the LCA matters, nothing else. You need to get paid the pro-rated salary listed on the LCA. Period. If the employer didn't do that, file a complaint with DOL on form WH4. Link to comment
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