H1B Visa Paystubs Question

[kiranforum]

Hi,

I am planning to go H1B stamping in Hyderbad. EVC Model. I have majorly one below questions which needs experts advise.

I am working for a Desi Consultancy and they pays ontime(Bi-weekly) . This company pays me on hourly basis(typically percentage basis) and so salary in the paystub is varies some time when ever I am on vacation or any client holidays occured. But always pay check meets or greater than the LCA mentioned salary.

If case if the VO asked the questions why the pay varies(or not constant or not same ) in pay stubs ? what would be the best answer ? Pls adv.

[rahul412]

If case if the VO asked the questions why the pay varies(or not constant or not same ) in pay stubs ? what would be the best answer ? Pls adv.

Not a problem at all. If you are getting more than the salary mentioned on LCA then you are good to go.

Just tell him the truth that you get paid hourly.

[JoeF]

Even if you are paid hourly, you always need to get paid for a full week, i.e., 40 hours. You can get paid for more if you worked more, but you can never get paid for less than 40 hours.

The salary being at least the LCA is one issue. Getting paid for the full week all the time is the other issue.

20 CFR 655.731:

(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.

[kiranforum]

Thank you all.