Regarding perdiems

[bvsn1122]

Is there any problem if I run perdiem every month... pls help me .. I am planning to go next month for H1B stamping..

[JoeF]

You need to get paid at least the salary listed on the LCA.

Per-diem doesn't count as salary.

[rahul412]

Is there any problem if I run perdiem every month... pls help me .. I am planning to go next month for H1B stamping..

How can you run the perdiem?

[itsmeraj001]

Is there any problem if I run perdiem every month... pls help me .. I am planning to go next month for H1B stamping..

Running the perdiem everymonth is illegal....when you go for stamping if VO looks at it..he might definately raise a Question be ready with a good answer to convince

[vishwa06]

If you are working at a Client's place then it might be a problem. Make sure you are able to defend this if the VO asks about per diem.

[bvsn1122]

thank you for the replies,

I am getting perdiem every month, am not working at the client's place (50 miles far),am getting salary as listed on LCA.

Do you guys want me to stop perdiem for the next 2 months? or let it run and want me to give some justified answers?

[userone]

It does not matter whether you are on salary or per-diems. As long as you are getting paid greater or equal to what is mentioned in LCA, you are good. But be prepared to answer the inconsistency you might get with your pay. I know a lot of consulting firms pay per-diems only when you are associated with a project, now that is illegal. According to H1 rules, you are supposed to get paid all the time. Absence of pay for one period (out of project) and compensating in the next pay-check (by getting a high billing project) shows only inconsistency which is a violation to H1 rules.

Get things straightened, buddy.

[kalyanz]

It does not matter whether you are on salary or per-diems. As long as you are getting paid greater or equal to what is mentioned in LCA, you are good. But be prepared to answer the inconsistency you might get with your pay. I know a lot of consulting firms pay per-diems only when you are associated with a project, now that is illegal. According to H1 rules, you are supposed to get paid all the time. Absence of pay for one period (out of project) and compensating in the next pay-check (by getting a high billing project) shows only inconsistency which is a violation to H1 rules.

Get things straightened, buddy.

I was on F1 and my H1B starts from October 1st. I started working from 2010 and I had all my pay stubs. My employer was running per Diem on my pay.

Will it be a issue. My pay was more than LCA. Shall I tell my employer to run October month pay stub without per Diem or will it be okay to run as usual

like before. If VO asks why u had per diem ....I was thinking to tell My employer pays for my rental and food.

Please let me know what type of questions can VO ask on it and how can I answer them

[JoeF]

Getting a per diem should be the exception.

Unfortunately, some shady consulting companies abuse the per diem rules, to avoid paying taxes. That will come back to bite, e.g., during stamping.

The best is to get paid everything as salary all the time.

[apraveenkmr]

What is the best way of answering perdiem if VO asks? I get my salary as per LCA, but still i have a perdiem of $2000 on my Paystub since last 9 months. I cannot straightened this up right away as i am going for stamping this month. Can you guys please help what is the best answer for this question?

[bittulattu]

There is no 'best answer' as such. You are getting per diem because you are working away from home town. So, just tell the same thing that you are getting per diem for travel and accommodation expenses.

[JoeF]

What is the best way of answering perdiem if VO asks?

The truth and only the truth.

[rahul412]

There is no 'best answer' as such. You are getting per diem because you are working away from home town. So, just tell the same thing that you are getting per diem for travel and accommodation expenses.

If you say that, then VO might ask you to show the proof like receipts. Moreover company doesn't pay your expenses without submitting your expense sheet.