Is my H1B employer fooling me?

[syspine]

Hi

My new H1B employer says that,

"If we give you an offer of 55k /year and if we are paying that money in 5-6 months (assuming we put you on high paid project) then we dont have to run payroll for the remaining 6 months and it is legal. Even if you go on bench after getting 55k we wont pay you as you already received what we have mentioned in offer letter and your stay remains legal"

Is this statement true?

[txh1b]

That is NOT true. They have to pay you every week atleast for the 55k/year even after the high paying engagement ends for part of the year. No bench without pay allowed.

[C4us]

If $55K is your annual salary, your pay would not be adjusted according to the billing rate unless it was in your employment contract. You would be a salaried employee just like a full time employee at the company where you were placed.

[txh1b]

It seems like the LCA wages were 55k and then the usual % basis agreement on some project happened between the employer and employee. Once it ended, employer stops paying saying annual salary was already paid and they need not pay bench salary.

If you work for a decent company and though what you make could be lot more than your LCA wages, they have to pay FT wages (you are guaranteed at least the LCA wages) if you are sitting there biting your fingers doing nothing.

[orion]

What rubbish! Min LCA wages have to be paid all the time. If not, you are OOS.

[syspine]

no worries,

55k was just an example amount in our conversation.
Thank you for your inputs.

[chaitu230]

kindly clarify

I am fine and hope the same with u .....
1. I got my Hi visa approved and need to for Visa stamping in chennai.,my employer is facing some difficulties in getting client letter......also I am not sure whether he has any product being devoloped to show inhouse proj documentation !! In this condition what to do???? Is it so that Vo checks TaxReturns clearly if u keep inhouse proj..? is there any link between TaxReturns and Inhouse project Documentation?........... Can u pls clearly write what was ur answer for questions like " Tell me some thing about your project(Client/Inhouse) ?"

2..) Also I am 2007 passout working in Satyam Computers, I have only 1 year 4 months Exp... Actually I am working in Testing-Financial but going to work in Java /Oracle domains? how to justify? Kindly mail in deatil.
3.) presently I have no project documentation.and wage reports(of how many years?)........I have compay tax returns ,clients information, bank statements,offer letter
how to manage in visa interview?
4) Even if I have inhouse proj documentation , if Visa Officer asks "why r u opting for inhouse proj while ur employer has lot of clients?" how to reply for this question?
5) Also for inhouse project,what all documents do Us employer send in general...?(I hope there will be no contract letter as it is not client proj).......
6) should we take our present company's offer letter print out, bank statements (last 6 months) print out, pay slips print out in A4 size paper? pls let me know what is preferred paper size?
..Kindly reply.........

[C4us]

Your answers need to be truthful, not what someone else tells you to say.

You obviously have no idea what you are going to be doing. You should not appear for a visa interview until you know and have the proper documents to support that position. You risk being denied if it appears that there is no legitimate job for you.