h1b hourly billing rate

[john1]

For people who get paid hourly on h1b status, during visa interview if a question on your salary come up what should be the answer?

Should we mention the hourly rate or the amount you expect to make for whole year? Obviously if you get paid hourly, your salary varies every month

I know many people have faced this question or in similar situation. Appreciate your answers.

[JoeF]

You ALWAYS ALWAYS ALWAYS have to answer truthfully. There is no "what should be the answer." The answer can ALWAYS ALWAYS ALWAYS only be the truth.

And on H1, you have to get paid at least the amount listed on the LCA.

Even if you get paid hourly, you have to get paid for 40 hours/week at all times, even if you work less.That's the law!

[shekar11#]

I am not exactly sure how do you answer this pay fluctuation question. But I am 100% sure that you should never say that you are paid hourly. Because you are not a contractot but an employee of XYZ company.

[itsmeusa]

Payment and frequency of payment (hourly, monthly, weekly, bi-weekly) is governed by LCA / H-1B petition (I-129). You must stick to it in the interview if it comes up.

[shekar11#]

I am 100% sure that you should not answer that you are being paid hourly. You are an employee of XYZ company not a contractor. You need to ask your employer or your lawyer for answering this question.

[rahul412]

Should we mention the hourly rate or the amount you expect to make for whole year? Obviously if you get paid hourly, your salary varies every month

On H1 your pay will be monthly as mentioned in LCA. If you are getting paid hourly your pay should not be less than what mentioned in LCA.

[JoeF]

I am 100% sure that you should not answer that you are being paid hourly.

And I am 100% sure that your "advise" is completely wrong!

Rule #1: NEVER NEVER NEVER lie to an immigration official.

Do you need i repeated???

Rule #1: NEVER NEVER NEVER lie to an immigration official.

And once more:

Rule #1: NEVER NEVER NEVER lie to an immigration official.

If the OP gets paid hourly, he has to state that if asked. No but or if.

The H1 allows hourly pay.

However, a person on H1 who is on hourly pay has to get paid for a fulltime position, i.e., 40 hours/week. It can be more, but it can never be less.

[chakrakr]

You can be paid hourly and it NEED NOT be 40 hours. IT depends on what the LCA says. H1 can be for Part Time job --- http://www.murthy.com/2012/10/08/murthychat-senior-attorney-answers-your-questions-14/

Also, Full time employment does not mean 40 hours. It has to be 35 hours or more -- http://www.dol.gov/whd/regs/compliance/whdfs68.pdf

[rahul412]

You can be paid hourly and it NEED NOT be 40 hours. IT depends on what the LCA says. H1 can be for Part Time job --- http://www.murthy.co...r-questions-14/

Also, Full time employment does not mean 40 hours. It has to be 35 hours or more -- http://www.dol.gov/w...nce/whdfs68.pdf

Good info,dude..!!!

[JoeF]

You can be paid hourly and it NEED NOT be 40 hours. IT depends on what the LCA says. H1 can be for Part Time job

Then the LCA would say that, and the OP would have mentioned that.

Also, Full time employment does not mean 40 hours. It has to be 35 hours or more -- http://www.dol.gov/w...nce/whdfs68.pdf

You are wrong, as usual. Check 20 CFR 655.731

(7) Wage obligation(s) for H-1B nonimmigrant in nonproductive status—(i) Circumstances where wages must be paid. If the H-1B nonimmigrant is not performing work and is in a nonproductive status due to a decision by the employer (e.g., because of lack of assigned work), lack of a permit or license, or any other reason except as specified in paragraph ©(7)(ii) of this section, the employer is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA. If the employer's LCA carries a designation of “part-time employment,” the employer is required to pay the nonproductive employee for at least the number of hours indicated on the I-129 petition filed by the employer with the DHS and incorporated by reference on the LCA. If the I-129 indicates a range of hours for part-time employment, the employer is required to pay the nonproductive employee for at least the average number of hours normally worked by the H-1B nonimmigrant, provided that such average is within the range indicated; in no event shall the employee be paid for fewer than the minimum number of hours indicated for the range of part-time employment. In all cases the H-1B nonimmigrant must be paid the required wage for all hours performing work within the meaning of the Fair Labor Standards Act, 29 U.S.C. 201 et seq.

In particular, "pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA)"

[chakrakr]

You can be paid hourly and it NEED NOT be 40 hours. IT depends on what the LCA says. H1 can be for Part Time job --- http://www.murthy.co...r-questions-14/

Also, Full time employment does not mean 40 hours. It has to be 35 hours or more -- http://www.dol.gov/w...nce/whdfs68.pdf

I should have clarified that the "35 hours or more" cannot be arbitrary for an employee. It shoud be company policy

[chakrakr]

Then the LCA would say that, and the OP would have mentioned that.

You are wrong, as usual. Check 20 CFR 655.731

In particular, "pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA)"

LOL ! It's you who is wrong. From your same post --- "40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees" . So again, it NEED NOT be 40 hours. There is no one size fits all.

Did you even check the DOL link ?

BTW, good to see that you learnt about the part time H1 possibility. Your arguments earlier was "a person on H1 who is on hourly pay has to get paid for a fulltime position". Glad to help you :)

[JoeF]

Good info,dude..!!!

Except that it is wrong...

[chakrakr]

Then the LCA would say that, and the OP would have mentioned that.

You are wrong, as usual. Check 20 CFR 655.731

In particular, "pay the hourly-wage employee for a full-time week (40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees, or the full amount of the weekly salary for salaried employees) at the required wage for the occupation listed on the LCA)"

Also from your post -- "If the I-129 indicates a range of hours for part-time employment, the employer is required to pay the nonproductive employee for at least the average number of hours normally worked by the H-1B nonimmigrant,"

So your earlier assertion " a person on H1 who is on hourly pay has to get paid for a fulltime position, i.e., 40 hours/week. It can be more, but it can never be less." is just wrong . got it ?

[JoeF]

Also from your post -- "If the I-129 indicates a range of hours for part-time employment, the employer is required to pay the nonproductive employee for at least the average number of hours normally worked by the H-1B nonimmigrant,"

If you actually would read the whole sentence instead of picking just one part, you would see that that line applies to part-time employment.

[chakrakr]

Except that it is wrong...

LOL ! Who is wrong exactly -- Attorney Murthy or DOL :) I just cited the links -- did not manufacture anything out of thin air. With your attitude I will not be surprised if you even say that DOL is wrong and you are right .... H1 MUST be for 40 hours -- right :)

[JoeF]

The fact is that a fulltime H1 is 40 hours/week.

[JoeF]

The fact is that a fulltime H1 is 40 hours/week.

And the fact is also that per 20 CFR 655.731, people on fulltime H1 who get paid hourly have to get paid for 40 hours/week, even if they worked for less than 40 hours/week.

[chakrakr]

And the fact is also that per 20 CFR 655.731, people on fulltime H1 who get paid hourly have to get paid for 40 hours/week, even if they worked for less than 40 hours/week.

Wrong again . CFR says "40 hours or such other number of hours as the employer can demonstrate to be full-time employment for hourly employees"

[rahul412]

The fact is that a fulltime H1 is 40 hours/week.

Joe is this possible?

An applicant with two H1's, one a fulltime working 40hrs a week and second H1 for part time job working over the weekends(but less than 20hrs a week).

[Attorney_25]

Please talk to your company accountant to understand the way you are paid, and also talk with your immigration attorney as to whether the payment is appropriate and complies with the terms of the H-1B petition. If the petition is approved full-time, then you need to be paid for full-time even if you do not work 40 hours in some weeks.

If you currently do not have a qualified immigration attorney, you may want to consult with one to determine if you are properly maintaining your status per the terms of your H-1B petition and LCA.