Paystub Inconsistent

[visu_usah1]

I work on EVC model and I get paid on hourly rate .I got stamped in Canada(Vancouver) in 2013 and I am again planning to go for stamping in canada soon. I Went to India(Outside the US)  in the year for 5 weeks and during the time either my Pay stubs were genereated for the time I worked only or not generated(if i didn't worked in the at time) but all my years my W2 pay is higher than LCA.

1. Will it be problem with out inconsistent Paystubs or no paystubs during the time

2. If VO asked whether my salary is Hourly or Flat rate what should I say ? Working hourly is legal ?

3. If VO asked during Vacation(In India) you dont get paid what should I say ? Is it legal to not pay when outside of the contry as long as W2 pay > LCA Pay ?

[JoeF]

You ALWAYS have to answer truthfully.

Hourly pay is legal, but you have to get paid for at least 40 hours/week, even if you worked less.

You don't have to get paid for time you were outside the US.

[hmaster]

1. Will it be problem with out inconsistent Paystubs or no paystubs during the time

....Depends upon the VO, if he wants to bring it up. Else, shouldn't be a problem. 

2. If VO asked whether my salary is Hourly or Flat rate what should I say ? Working hourly is legal ?

...the truth, yes it's legal

3. If VO asked during Vacation(In India) you dont get paid what should I say ? Is it legal to not pay when outside of the contry as long as W2 pay > LCA Pay ?

...You are not on H1B when you are in India...What you get paid outside is non of their business....

[jairichi]

1. Outside US it is not mandatory to be paid a salary.

2. You have an annual salary that is mentioned in LCA. You need to be paid that.

3. Refer 1.

[rahul412]

1. Will it be problem with out inconsistent Paystubs or no paystubs during the time

2. If VO asked whether my salary is Hourly or Flat rate what should I say ? Working hourly is legal ?

3. If VO asked during Vacation(In India) you dont get paid what should I say ? Is it legal to not pay when outside of the contry as long as W2 pay > LCA Pay ?

1. No

2. Check your H1 petition documents

3. Truth, yes its legal if you are outside the US.