H1B - advance before resigning while employer is holding the paycheck

[vagrawal82]

Hi,

I am on H1B visa with a company. I came to know from previous employee that the company doesn't pay the last month salary after the employee resign. They can do it as they pay the salary on 15th of every month by keeping the 15 days salary in hand. Once the employee resigns, he has to serve two weeks notice period, so they hold the complete month salary.

Since I knew about it, I took an advance from the company stating that I am going to buy a car and as soon as I got the advance (less than half of my salary), I resigned.

I told them that you deduct the same advance from my next pay check. However they are saying that I can not take the advance just before resigning and asking me to revert the advance.

Is there any wrong with it? What are my options?

Also is it must to serve two weeks notice period after I resign?

[f22raptor]

Look at your offer letter and its details regarding payment policy and notice period. Frankly, this is between you and your company.