DOL 30/60 Day Rule for H-1B

[indiapore]

Hi

My H-1B visa has been effective from 1st October, 2011 but I have not been able to start work as my employer wanted my SSN to be in place before I joined them.

I reached the US in November and still havnt started work as SSN took time. Would I qualify for pay under non-productive time as I have been in the US for more than 30 days? Difficult to comprehend under http://www.dol.gov/whd/regs/complian...2/whdfs62I.pdf

Thanks!

[JoeF]

First, not having an SSN is not an excuse for not getting paid.

Second, as soon as you report to work you have to get paid. That includes going to interviews, training, taking orders from the employer, etc.

And of course, after 30 days, even if you haven't reported to work, you absolutely need to get paid.

Again, not having the SSN yet is not an excuse. Payroll software can handle such situations.

[indiapore]

Thanks Joe.

I completely agree with you and I even offered my company to start work and get paid later, when the SSN comes in. But apparently their company policy did not allow that!

A couple of follow up questions:

1) Am I Out of Status right now given that I am not being paid even after 30 days?

2) Am I within my right to ask for compensation as the company asked me not to report for work even though I had made myself available! I have emails to prove that.

3) In case of an enquiry, who is liable for this lapse? Will USCIS/DOL put the blame on me or the employer?

Thanks!

[JoeF]

Their company policy is irrelevant.

They absolutely have to pay you. Period.

I suggest you point them to 20 CFR 655.731. When they signed the LCA, they agreed to be bound by that.

If they don't want to pay you, file a complaint with DOL on form WH4. The DOL will make them pay you.

[indiapore]

Thank you - much appreciated!

Their company policy is irrelevant.

They absolutely have to pay you. Period.

I suggest you point them to 20 CFR 655.731. When they signed the LCA, they agreed to be bound by that.

If they don't want to pay you, file a complaint with DOL on form WH4. The DOL will make them pay you.