H1B with Salary in India

[h1_delhi]

Is it legal to have employees on H1B in US and pay Indian salary and per-diem and other expenses in US? This company has employees in US on various projects but they do not pay salary to the employee. Rather they pay the Indian salary, per-diem and reimburse various other expenses. They do run the pay checks in US but the net pay to the employee is shown as zero. The taxes to the government are paid by the company itself.

 

My question is..is there any provision in the law to do such kind of a thing?

[JoeF]

On H1, you need to get paid in the US, and the salary has to be the prevailing wage in the area where the job is located.

Per-diem is not a salary.

What you describe is illegal.

[wiweq]

This is a fraud. On H1b, beneficiary has to get full salary as mentioned in LCA. Beneficiary should get a copy of LCA too.

Call to local DOL of state, and register a complain to local police station/ FBI. 

[rahul412]

Is it legal to have employees on H1B in US and pay Indian salary and per-diem and other expenses in US? This company has employees in US on various projects but they do not pay salary to the employee. Rather they pay the Indian salary, per-diem and reimburse various other expenses. They do run the pay checks in US but the net pay to the employee is shown as zero. The taxes to the government are paid by the company itself.

 

My question is..is there any provision in the law to do such kind of a thing?

I think that's possible on L1 not on H1.