Inconsisteny in paystub

[kchokkal]

Hi ,

I work on EVC model, I am planning to go to canada end of this year for stamping. My employer is paying hourly rate to me. So my pay stub will be inconsistency . Is this fine or it should be consistency. So that I can ask my employer to pay me consistency until i get stamped.

[rahul412]

Hi ,

I work on EVC model, I am planning to go to canada end of this year for stamping. My employer is paying hourly rate to me. So my pay stub will be inconsistency . Is this fine or it should be consistency. So that I can ask my employer to pay me consistency until i get stamped.

That's not a problem. At the end of the year your W-2 should match the pay mentioned in LCA.

[giri26]

You need to get paid more than the LCA. If you get different pay (less one month and more the other), it might raise a red flag. Look at your LCA and see if you are getting at least more than that. That will be a start.

[JoeF]

As long as you get paid for fulltime hours all the time, even if you are working less than full time or are on bench, it is fine. If you get more for overtime hours, that's fine.

[kchokkal]

So it is legal to work on Hourly basis ?

[JoeF]

So it is legal to work on Hourly basis ?

Yes, but you need to get paid for fulltime hours, even if you work less.

20 CFR 655.731.

"(5) For hourly-wage employees, the required wages will be due for all hours worked and/or for any nonproductive time (as specified in paragraph ©(7) of this section) at the end of the employee's ordinary pay period (e.g., weekly) but in no event less frequently than monthly."

"(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."

[rahul412]

So it is legal to work on Hourly basis ?

If you work 40hrs a week or 40hrs a month, it doesn't matter unless and until if you are getting paid as mentioned in LCA.

[killbillnew]

you are fine if you are getting paid the same money per hour which they mentioned in LCA but not less than that. Example: if they mentioned 50/hr in LCA then you must get 50 for each hour worked. Does not matter how many hour you worked..but try to meet minimum 40 every week.

I am in the same boar.. went for stamping no issues.. he did not even asked for payslip.

[kchokkal]

Thanks for the replies. I have a another question . I am getting paid due by one month. So the pay stub contains a difference of one month between End Date and Pay Date ? what should I answer if VO asks about it ?

[killbillnew]

Thanks for the replies. I have a another question . I am getting paid due by one month. So the pay stub contains a difference of one month between End Date and Pay Date ? what should I answer if VO asks about it ?

just say what you get.. i get paid weekly but it is always one week late..