Please Help: underpaid H1B and not on payroll

[zw11]

My employer filed H1B for me this year (opt to H1B), which has been approved and will be effective on Oct 1. However, there are several issues that may harm my status:

1. I am severely underpaid (even below the state's minimum wage), and my boss will not increase my pay after October.

2. I get paid by checks only, no paystub, no withhold tax. I filled a W-9 form instead of W-4 months ago, so I think my boss will treat me
as an independent contractor, and issue a 1099 to file individual tax return.

3. My boss holds the i-797 approval notice because he wants to keep me working for him. However, I have the receipt number to check case status on the website, and also have the soft version of H1B petition documents.

I am afraid that I will be out of status since Oct 1, and I am planning to quit the job and leave for my homecountry after the H1B is effective. My concern is, will I be subjected to Cap again if another employer files a new petition in the future? Will it be sufficient if I only have a receipt number and one or two checks in Oct with a very low wage and no withhold tax?

Please suggest me.

Your reply is highly appreciated.

Thanks

[Nattybone]

Hello, Zw11.

First thing, your employer must have filed a labour document indicating the salary he will pay you. Failure to give you the indicated salary on your LCA is a violation of the declaration your employer made. This is just fyi.

Now, as your H1B is approved, you will be cap-exempt when someone in the future files for your H1B (upto 6 years from the time you last had H1B status). Your future employer will need I797 reference number and preferably the I797 notice too. (It depends from employer to employer).

Finally, i do not think you are on H1B, yet. H1B status kicks-in from October of the approved year, so you cannot be right now on H1B status.

I hope this helps. Personal opinion.

Wishing you luck.

Cheers,

My employer filed H1B for me this year (opt to H1B), which has been approved and will be effective on Oct 1. However, there are several issues that may harm my status:

1. I am severely underpaid (even below the state's minimum wage), and my boss will not increase my pay after October.

2. I get paid by checks only, no paystub, no withhold tax. I filled a W-9 form instead of W-4 months ago, so I think my boss will treat me
as an independent contractor, and issue a 1099 to file individual tax return.

3. My boss holds the i-797 approval notice because he wants to keep me working for him. However, I have the receipt number to check case status on the website, and also have the soft version of H1B petition documents.

I am afraid that I will be out of status since Oct 1, and I am planning to quit the job and leave for my homecountry after the H1B is effective. My concern is, will I be subjected to Cap again if another employer files a new petition in the future? Will it be sufficient if I only have a receipt number and one or two checks in Oct with a very low wage and no withhold tax?

Please suggest me.

Your reply is highly appreciated.

Thanks

[zw11]

Hi, Nattybone. Thank you so much for your reply.

I am still on F1 (OPT) right now, and will be on H1B 4 days later (Oct 1). However, if my boss does not put me on payroll and pays a low salary, can I have the H1B status after Oct 1? How can I prove the H1B status to USCIS in the future?

Thank you for your help.

Hello, Zw11.

First thing, your employer must have filed a labour document indicating the salary he will pay you. Failure to give you the indicated salary on your LCA is a violation of the declaration your employer made. This is just fyi.

Now, as your H1B is approved, you will be cap-exempt when someone in the future files for your H1B (upto 6 years from the time you last had H1B status). Your future employer will need I797 reference number and preferably the I797 notice too. (It depends from employer to employer).

Finally, i do not think you are on H1B, yet. H1B status kicks-in from October of the approved year, so you cannot be right now on H1B status.

I hope this helps. Personal opinion.

Wishing you luck.

Cheers,

[Nattybone]

Hello, Zw11.

As i mentioned last time, your employer is violating the LCA declaration he made to the Labour Department. You can have him reported for this. He will also be liable to pay you your return ticket if he is unable to employ you after sponsoring your H1B. (Check with an attorney what your rights are. If you can get a free ride home then paying 100$ to a lawyer won't hurt )

Further, sooner or later you will land in trouble with a low pay. When you transfer your visa, the next employer will ask for your paystubs for transferring. Either the next employer will have issues or the USCIS will reject your transfer petition.

Also, not putting you on a project while on H1B will put you out of status unless your employer runs your payroll himself, for which he will ask you to pay him $1000 or so every month.

If you leave the country, as i mentioned in my earlier response, depending upon employer, your WAC/petition number is fine with some employers. If you have some email from USCIS that would also help. Generally, the number suffices but some employers want the hard copy too.

I hope this helps.

Wishing you luck.

Cheers,

Hi, Nattybone. Thank you so much for your reply.

I am still on F1 (OPT) right now, and will be on H1B 4 days later (Oct 1). However, if my boss does not put me on payroll and pays a low salary, can I have the H1B status after Oct 1? How can I prove the H1B status to USCIS in the future?

Thank you for your help.

[aadikulk]

H1-B Period - On Loss of Pay and in India Currently

Hi Nattybone,

I've already asked you many questions in other threads. Here comes one more

I had come to india for stamping but still stuck here since 3 months due to 221g(Administrative Processing). I'm on Loss of Pay now. Will it affect my H1 status in any way ? Thanks

- Aadi