uscis rule on paying salary in $?

[trivedi3377]

Hi,

I am on H1b visa and was in usa for 5 yrs. I came to India for vacation and got stuck in 221(g) query. My visa stamping is under admin processing and don't know how much time it will take to finish this query.

My another question is that:

my current employer stopped paying me salary in USD ($) by saying that leagly he can't pay me salary in $ as the moment I am out of US , they can't pay me salary in USD ($)? Unless and until I am on vacation.

They are saying that they asked USCIS and Payroll company as well.

I don't know how much true it is?

They are ready to pay me in Indian rupees but half of the gross pay(Not full salary)

Can somebody know any rule like that?

Pls. let me know.

[JoeF]

It is up to the company how they pay you if you are not in the US. There is nothing in the law that would prohibit paying the salary in US dollar.

Personally, I would find another employer, since this one obviously doesn't value you and your work.

[wiweq]

I don't know about this rule, but there is nothing illegal what they are doing. Once you are out of USA, you are not covered by H1b status/ rules like getting prevailing wages.

[thums123]

What your employer did is correct. He cannot pay you since you are no longer in H1B status

[JoeF]

What your employer did is correct. He cannot pay you since you are no longer in H1B status

Sorry, but that's not true.

While the OP is no longer in H1 status, since he is outside the US, there is no law that would prohibit a US-based company to pay salaries to people who are outside the US. People could be on assignment abroad, for example.

[ashukla]

1. You can not count 5 years of your F1 visa, although you are allowed for maximum 6 years of working visa (H1, L1), and you have completed only one year, so I would say your employer is imposing some lack of knowledge or he is just trying to make you fool.

2. There is no such rulel, untill you have a valid H1 petition it means you have the H1 status and allowed to work, get paid in USD from a US based company. There are so many people out here who are working remotely and getting paid. Visa is only to enter and exit the USA it has nothing to do with your status.

Your employer can run your payroll and pay you in USD.