H1B Stamping EVC, Different amount on each pay period due to hourly paid

[sam1983]

Hello Guys,

I have an appointment in Dec, in Vancouver and came up with one question for you guys to answer.

I work on EVC model and so I get paid an hourly basis.

Roughly I work 40 hours a week every week.

Now due to client work requirement, I have to work overtime on some of the pay period. i am working 50 hours a week from last 3 months which will be fall back to 40 hrs anytime soon

Also I do not get paid for national holidays and so for such pay period, I am getting less pay.

So my 12 month pays are not matching the amount with each other. Sometimes I have 700 more and other times I have 300 less than the average pay for 40 hours a week.

Now on consulate's eye, I am a full time employee of my employer and I should have a consistency in pay as per my annual pay.

What should be a good answer if VO asks why you have different pay amount on pay stubs?

Please help me guys.

Thanks in advance.

[naveeena08]

Should not be a Issue, On H1b you can work per/hr basis. NO issue as long as you work fulltime(40 hrs/week) . Holidays excluded

[sam1983]

Should not be a Issue, On H1b you can work per/hr basis. NO issue as long as you work fulltime(40 hrs/week) . Holidays excluded

Thanks naveena08.

Just in case VO asks about it, anyone can suggest me a good explanation please?

[JoeF]

Thanks naveena08.

Just in case VO asks about it, anyone can suggest me a good explanation please?

The truth, of course. You explained it in your post just fine, that you did overtime.

If you get paid hourly on H1, the law says that you always need to get paid at least for full-time hours, i.e., 40 hours/week. You can get paid more for overtime, but not less.

[sam1983]

The truth, of course. You explained it in your post just fine, that you did overtime.

If you get paid hourly on H1, the law says that you always need to get paid at least for full-time hours, i.e., 40 hours/week. You can get paid more for overtime, but not less.

Thanks JoeF. I was not aware of these rules ans though we have to show that we are working on fixed salary. This will definitely help me if the same question has been asked.

[warun]

but in the LCA we will give our annual salary right as xxx right? this means we have to get paid equally everymonth right? that wont be a problem?

[JoeF]

but in the LCA we will give our annual salary right as xxx right? this means we have to get paid equally everymonth right? that wont be a problem?

If you get paid hourly, the LCA has to show the hourly pay multiplied by 40 hours/week multiplied by 52 weeks.

Even if you are get paid hourly, you can never get paid less than for 40 hours/week, even if you worked less.

You can get paid more if you worked overtime, but never less than for the 40 hours/week.