H1B Stamping Paystubs questions

[rara1]

Hi All,

I going for Visa stamping next week. I am FTE for a desi consultancy. My pay stubs has detailed information like hours and hourly pay. Sometimes i am no of hours is less than 40 a week. Will that be any problem?

Suggestions please.

[nile0994]

where you planning to stamp your visa

[JoeF]

If you get paid hourly, you ALWAYS need to get paid for at least 40 hours/week. That's the law!

If you don't get paid for at least 40 hours/week, you would be out of status.

Oh, and FTE in the H1 context means that you don't work for a consulting company, but rather for a company which has real products. If you work for a consulting company, you are in EC (employer-Client) or EV...C (Employer-Vendor (possibly multiple vendors)-Client) model.

[GNH]

They do not care as long as your annual pay is greater than the LCA amount

[rahul412]

Hi All,

I going for Visa stamping next week. I am FTE for a desi consultancy. My pay stubs has detailed information like hours and hourly pay. Sometimes i am no of hours is less than 40 a week. Will that be any problem?

Suggestions please.

No problem.

[rara1]

Thanks for the responses. I work for Desi consultensy under EVC model. My annual pay is little more than the amount mentioned in LC. I am going to Canada for ViSa stamping next week. I hope my Pay stubs won't create any issue. Any feedbacks appreciated. Please guys if VO questions about variation in no of hours, how should I answer?

Thanks again

[JoeF]

Thanks for the responses. I work for Desi consultensy under EVC model. My annual pay is little more than the amount mentioned in LC. I am going to Canada for ViSa stamping next week. I hope my Pay stubs won't create any issue. Any feedbacks appreciated. Please guys if VO questions about variation in no of hours, how should I answer?

You ALWAYS ALWAYS ALWAYS have to be truthful.

And if you get paid hourly, you ALWAYS have to get paid for at least 40 hours/week, even if you work less.

That's the law. 20 CFR 655.731. And the employer knows it, because the reference to the law is printed right next to the signature line on the LCA.

[rara1]

Hi Joef - Thanks for your respons. Can a Fulltime employee be paid hourly? wont that be problem? What is the best way to answer if VO asks any question about this?

[JoeF]

Hi Joef - Thanks for your respons. Can a Fulltime employee be paid hourly?

Sure.

But you are working for a consulting company, so you are in EC or EV(...)C model. FTE in this context means working for a company that develops their own products.

What is the best way to answer if VO asks any question about this?

You ALWAYS need to answer truthfully. No but or if.