h1 pay billing rate or lca

[sunil_12]

My employer wants to pay according to LCA. They filed for minimum LCA and my last job didn't have much difference between LCA and billing rate. I used to recieve the difference amount as advance when I ask for it.

Now with a new project, there might be 20k+ difference between LCA and billing rate and they still want to pay and run payroll per LCA. I moved to another place but they want to file same rate LCA.

My employer says that is the rule and tells me they can pay me the extra amount every month, but the payroll, paystubs will be run per LCA. Is that right? or can we paid according to billing rate irrespective of what is in the LCA.

[JoeF]

You get paid a salary. The billing rate that your employer has negotiated with a client is none of your concern.

It is not you who is sending invoices to the client, it is the employer.

You are an employee.

[sunil_12]

Hi JoeF, I hope I didn't get my question wrong. I get paid on percentage basis and not on salary basis. Since I am on percentage basis, I get paid the agreed amount per project.

My employer says their policy is to pay according to LCA, and not according to billing rate, but they will pay whatever balance is pending. Only that the extra amount wont be in the regular paystubs.

Last Project

So, they just filed for an LCA of 26 per hour or 54,000 dollars. They paid according to LCA so paystubs always having same amount and no discrepancies.. So my billing rate was few of dollars more and I was to get ~ 6000 dollars more per year. This amount, he pays me as advance or something, whenever I ask.

Current Project

Now my employer says they will file the same minimum LCA, $54,000 I was F1->H1. But my billing rate is 30,000 dollars more. They will pay me 54000 which they state in the LCA, so I still get the same monthly pay. But the 30,000 dollars extra is calculated on the side as buffer amount and will be given as advance whenever I ask for it.

All I was asking them was instead of this headache, to pay me whatever is my current billing rate, and that amount should be in my paystubs as standard pay and I don't want other forms of payment like advance, or bonus, etc. They say they are following rules by paying according to LCA, and giving whatever is extra in other forms of payment like advance, etc.

In simple,

1) Are we supposed to be paid only according to LCA,

2) Is there a problem if payroll and paystubs are run according to current billing rate and LCA is much lower.

[JoeF]

Hi JoeF, I hope I didn't get my question wrong. I get paid on percentage basis and not on salary basis.

On H1, you get a salary.

It is not allowed to get paid a percentage on H1.

The LCA specifies a salary.

If you are on bench, what would be your percentage then???? You need to get paiud on bench as well.

Again, on H1, you get paid a salary. Any percentage could only be on top of the salary listed on the LCA.