Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B Transfer & Wages Paid

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B Transfer & Wages Paid

    When I was in India I was interviewed by company A and filed H1B petition thru them. As it was a startup company, they made a second petition via company B in order to increase the chance of getting picked on lottery. I got picked from the company B petition. Now I work with company A under the pay roll of company B. I have relocated to US three months before with my spouse and child. Now company B says I am their salaried employee and I don't have any billing hours.
    As I am working directly with company A employee and reporting to its managers, I really work for more than 10 Hrs a day and even during weekends.

    I need to know, it is right to ask for extra wages for the extended hours since they say me as salaried employee?

    Also, during my initial stages, company B said that, they will start Green card process. But as of now they didn't take any step.

    Similarly company A wants me to transfer my H1B visa under their name. If that is done, should I need to travel back to India for stamping with family?
    my I94 is till Sept 2018.

    If I get transferred to company A, will I be get paid extra wages for the extended hours?

    How much time minimum is required to start green card process after getting transferred to company A?

  • #2
    When I was in India I was interviewed by company A and filed H1B petition thru them. As it was a startup company, they made a second petition via company B in order to increase the chance of getting picked on lottery. I got picked from the company B petition. Now I work with company A under the pay roll of company B. I have relocated to US three months before with my spouse and child. Now company B says I am their salaried employee and I don't have any billing hours.
    As I am working directly with company A employee and reporting to its managers, I really work for more than 10 Hrs a day and even during weekends.

    I need to know, it is right to ask for extra wages for the extended hours since they say me as salaried employee?
    >>> If you are full time salaried employee (Instead of hourly rate, if you have a fixed salary per months), then the company won't pay you for overtime. That works only in a consultancy setup.

    Also, during my initial stages, company B said that, they will start Green card process. But as of now they didn't take any step.
    >>> Most companies will not start GC within the first 3 months.

    Similarly company A wants me to transfer my H1B visa under their name. If that is done, should I need to travel back to India for stamping with family?
    my I94 is till Sept 2018.
    >>> If your transfer gets approved with a new I-94, then there is no need to travel out of the country. If your transfer gets approved for consular process, then you need to leave and re-enter with your family. Show company A's approval notice at the POE which will get you a new I-94 associated to them.

    If I get transferred to company A, will I be get paid extra wages for the extended hours?
    >>> That is something that you need to talk to your employer.

    How much time minimum is required to start green card process after getting transferred to company A?
    >>> There is no minimum time frame. Your PERM (first stage of GC) should be filed with DOL before end end of your 5th year in H1B to get further extensions beyond the 6th year. That is the only criteria. Otherwise, when to start the process is up to you and your employer.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X