H1B Pay stubs - questions

[h1bdec]

I'm planning for my first H1b stamping at Toronto in Dec/Jan month. I'm working with my current employer from June 2011 on OPT. My H1B started from Oct 2011.

My employer is running my pay checks in Texas from day one onwards even though I'm working in Michigan state. And every pay check is showing total number of hours I worked during that period (Monthly) and per hour amount I got and calculated gross pay& Net Pay.

I paid 2011 Michigan Taxes when I was filed my taxes for year 2011.

If the Visa officer asks below questions ..what is the best way I can answer.

1)Why your Pay stubs are running in different state-TX? If you are working in Michigan?

2) Why your pay stubs amount is so different for every pay check? (Example Aug-Net pay: 5100,Sep - 4700, Oct - 5300 )

I'm very tensed about above questions. Please advise how to answer above questions! Thanks!!

[InGodWeTru$t]

Looking forward for forum suggestions I'm in the same boat

[sunsam]

No idea about 1 but for

2. It is simple, it is just because of the number of working days in the month for eg some months have as minimum as 19 working days and some have as max as 23 working days. There comes a huge difference in d pay

[JoeF]

If the Visa officer asks below questions ..what is the best way I can answer.

The best, in fact the ONLY way is to always always always be truthful.

Only you and your employer know why things in your case are set up the way they are.

[nineballs]

"My employer is running my pay checks in Texas"

Does this mean "Employer is deducting TX state tax even though you are working in MI?

And you should be fine with variable salary every month as long as its more than your LCA amount. The employer has to pay for 40 hrs or more every week unless you take some time off. For e.g. If you take 2 hrs off from work on Friday, Its perfectly fine for the employer to pay you for 38 hrs for that week.

But for some reason, if the employer asks you to work 4 hrs less in a week, He still has to pay you the 40 hrs salary.

[New0987]

Hi h1bdec,

Your employer supposed to run the pay checks in Michigan. He is doing it wrong from what i know.

If i am right your LCA might have filed in Texas.

Your LCA needed to be Ammended in the state you are working (Client) and so as your Paychecks.

Talk to your employeer and sort this out.

Experts please correct if i am wrong.