Need Advice from people working on percentage sharing

[expertguy4u]

Hi All,

I am currently working on salary and kind of secured model where is the employer is ready to bear upto 2 months of bench salary. However as its a low risk low salary model , I want to venture out on a % basis.

I request you guys to share what kind of expenditures I am looking at if I have a straing 80 - 20 model and employer is NOT providing any benefit. I am with family here and do not want to compromise on insurance. So other that TAX and insurance what other expenditure would I would have to look at.

2. Secondly, question for those who are on % model , how is the payrun and status maintned by your employers when you seek to visit india for a 1month vacation. Do they run payroll when you are not in job , how does that work out ??

Please suggest your personal experiences. My visa category is H1b , wife H4 and kid is US born.

[knowledgeable]

Do kindly note ...

... that though this percentage model works, it's illegal in case of H1B. The employer of a H1B visa holder has to give full regular salary only and cannot legally get into any such contract.
The contract you're mentioning is not on paper and without documentation. This is a personal deal worked out between the employer and the employee, outside the legal scope of IRS and USCIS.
Unfortunately, though I know a lot about how this works, I cannot provide any information herein due to the legality of the whole deal.
Good luck to you.

[txh1b]

The employer is obligated by law to pay you the minimum amount mentioned on the LCA whatever model you work on. If you have a project or not, it does not matter. There is no such thing called bench in the lexicon of DOL or USCIS. Every H1b employee must be paid as per what the employer certified and promised to pay on the LCA.

Above that, you can get paid whatever it is that your offer letter says. Employer cannot say that they will pay for bench for two months only. It is illegal.

You are not required to be paid while on a vacation outside the US on a H1b.