Salary while on H1B

[sree14]

Hello All,

Do we need to get paid the same and fixed amount every month while on H1B? Or is it ok to get paid like XXXX one month and YYYY next month? Employer will still meet the minimum wage requirements annually.

Thanks in advance!

[JoeF]

Are you getting paid hourly, or are you salaried?

For salaried employees on H1, the salary for each paycheck has to be pro-rated.

For hourly employees, the pay has to be for the hours worked, but at least for full time hours, even if the person didn't work the whole 40 hours/week due to a decision by the employer, e.g., when the person is on bench.

[sree14]

Thank you for your responses

@JoeF: I am getting paid hourly due to which my monthly pay differs. Even if I am on bench, employer will be running the payroll and I will get paid. But only thing is that it will sometimes vary. Just wanted to confirm that the variations in monthly pay are ok as long as am getting paid = or > minimum wages per LCA.