H4 to H1 approved. When does payroll start?

[bhavin_law]

Hi,

My wife is in US and on H4. Her H1 application with change of status from H4 to H1 is approved effective 10-Jan-2020. Her employer says that she is not legally meant to work because they have to file LCA again with the new client details. Isn't the employer (a renowned big consulting firm) meant to pay her effective 10-Jan-2020 regardless of whether she gets the end client project or not? What status she's on effective 10-Jan-2020 if the paychecks are not generated for her?

Thanks,

- Bhavin

[JoeF]

As soon as the person reports to work, i.e.g., makes herself available to the employer the employer has to pay her. Project or not doesn't matter.

8 CFR 655.731. If the employer doesn't want to pay her she needs to file a complaint with DOL on form WH4, and she should look for another employer.

Edited January 30, 2020 by JoeF

[gopalakrishnach]

As soon as the employee joins the employer( by starting onboarding activities) and makes themself available for employer, employer must start paying employee. Employer cannot ask employee to wait for longtime.