H1B payroll fix


Mamdooh

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Hey guys,

 

I am on H1B visa since last October. For the last 3 months I was taking some unpaid time off (33%/month) since I was working on a board exam. initially, I asked my employer and she said it is fine. However, now that I am moving to a new job the new employer is telling me that since my payroll is less than the initial amount approved in the H1B I might be in trouble. My question, is it possible to take unpaid time off while on the H1B (I am still in the U.S). I also discussed the matter with my current employer and she is willing to go back and pay me the difference since it is mostly her mistake that she approved it and she doesn't want to get into troubles. Also, I was working overtime (company doesn't pay overtime) and she is okay compensating me for that. Is it okay to go back and fix the payroll or is it already too late. Can you please provide me with some input about my situation. Thank you

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It is generally not possible to take unpaid time off on H1, because that  has been abused a lot by shady consulting companies who forced people to take a leave of absence, so that they could avoid paying them.

Because of that, seeing any such thing is a big red flag for USCIS.

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It is inappropriate your you to be provided overtime compensation if others in your position do not receive it. In addition, if you are working part time, how are you eligible for overtime?

 

Your employer needs to consult her attorney on all of these issues.  It is obvious that she is a problem employer as she is unaware of the legal requirements for hiring H1B workers and is not complying with the rules.

 

If you wanted to work part time, your petition could have been written in that form avoiding all of these issues.

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Thank you guys for the feedback, unfortunately the damage is done. It is the first time for my employer to deal with an H1B. She admits her mistake and she is willing to fix it. My question, is it possible to fix the problem at this point? she admitted to her mistake and she is willing to do whatever it takes to fix. She is offering to go back, fix my payroll and cover the difference. Basically she is willing to me for the "unpaid vacation" since it was her mistake. Is that possible?

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As others have posted, the first, and most important, step is for your employer to consult with her immigration attorney, business / tax attorney, external accountant before taking any action(s).  Without all the proper consultations and their recommendation(s), the action taken ('fix') could lead to further problems (compound the mistake with another mistake).  (Changing past payroll can lead to a major issue for both the employer and the employee.)

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