On H1B underpaid and allocation less than 40 hrs per week


kansie123

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Hi, I'm working as a Physical therapist in New York City on H1B since last 1.5 months. I signed the employer agreement for not to quit the company for 3 years else I've to pay $8000 as liquidation damages plus fees in hiring me (including fee paid to *******-USA). 

 

 

 

When they offered me the salary I didn't know about the LCA stuff and mimum wage rate. I was offered $29 per hour and annual $60,400 based on 2080 hours of work in a year. I signed the contract based on this.

 

 

 

When I had to go for visa stamping, they sent me another offer letter mentioning my salary as $64000 annually based on $31.00 per hour. I read the LCA and the minimum wage for my profession is $31 per hour. They told me to say that my salary is $64000 annually when asked by visa officer. I thought this will be my new salary. But when I joined the company I'm still being paid $29 per hour.

 

 

 

Also, I'm being hired as full time employee by my company. Sometimes my company doesn't have enough work for me for full 40 hours a week. So sometimes its 30 hours per week sometimes 25 hours per week and sometimes 35 hours per week. I'm available for full 40 hours for work. As my employer doesnt have full 40 hours of work.....I'm being paid only for the hours I've worked and not for the full 40 hours. Means I'm not being paid for non-productive hours.

 

 

 

I'm sending emails to my employer regularly when I don't have work and asks to allocate me work because I want to work full 40 hours. Its just the employer doesn’t have enough work.

 

 

 

In this case, If I quit my employer and join some other employer who offers me full time work, I’m sure my current employer will file a case on the basis of agreement I signed to stay for 3 years…..and will ask me to pay for all the liquidation damages and extra money. I’m not in a position to pay those expenses as I just started my job.

 

 

 

How do I get rid of such an employer….who’s not even paying me the minimum wages set by DOL and also for non-productive time.

 

 

 

I’ve been told by my colleagues that it works this way only in New York City and if you threat your employer they won’t care. They are obligated to pay for only the hours worked not the non-productive time which means if you have worked 30 hours…you will be paid for 30 hours only even though you were available to work.

 

 

 

Please let me know what are my options. What is legal and what’s illegal. I'm in deep trouble.

 

Appreciate prompt replies. This would really help all the new PT's who work in New York City as this is pretty common over here from what I've seen and heard from my colleagues.

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Hi, I'm working as a Physical therapist in New York City on H1B since last 1.5 months. I signed the employer agreement for not to quit the company for 3 years else I've to pay $8000 as liquidation damages plus fees in hiring me (including fee paid to *******-USA). 

 

 

 

When they offered me the salary I didn't know about the LCA stuff and mimum wage rate. I was offered $29 per hour and annual $60,400 based on 2080 hours of work in a year. I signed the contract based on this.

 

 

 

When I had to go for visa stamping, they sent me another offer letter mentioning my salary as $64000 annually based on $31.00 per hour. I read the LCA and the minimum wage for my profession is $31 per hour. They told me to say that my salary is $64000 annually when asked by visa officer. I thought this will be my new salary. But when I joined the company I'm still being paid $29 per hour.

 

 

 

Also, I'm being hired as full time employee by my company. Sometimes my company doesn't have enough work for me for full 40 hours a week. So sometimes its 30 hours per week sometimes 25 hours per week and sometimes 35 hours per week. I'm available for full 40 hours for work. As my employer doesnt have full 40 hours of work.....I'm being paid only for the hours I've worked and not for the full 40 hours. Means I'm not being paid for non-productive hours.

 

 

 

I'm sending emails to my employer regularly when I don't have work and asks to allocate me work because I want to work full 40 hours. Its just the employer doesn’t have enough work.

 

 

 

In this case, If I quit my employer and join some other employer who offers me full time work, I’m sure my current employer will file a case on the basis of agreement I signed to stay for 3 years…..and will ask me to pay for all the liquidation damages and extra money. I’m not in a position to pay those expenses as I just started my job.

 

 

 

How do I get rid of such an employer….who’s not even paying me the minimum wages set by DOL and also for non-productive time.

 

 

 

I’ve been told by my colleagues that it works this way only in New York City and if you threat your employer they won’t care. They are obligated to pay for only the hours worked not the non-productive time which means if you have worked 30 hours…you will be paid for 30 hours only even though you were available to work.

 

 

 

Please let me know what are my options. What is legal and what’s illegal. I'm in deep trouble.

 

Appreciate prompt replies. This would really help all the new PT's who work in New York City as this is pretty common over here from what I've seen and heard from my colleagues.

Being paid less that approved LCA puts you out of status. File a complaint against employer with DOL immediately. This would help you a lot.

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