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Hello,
Im a H1B visa holder and came here January 26, 2011. My employer(N.V. based) is currently paying my stay and food allowances here in San Diego while im waiting for my SSN and for my deployment to a project. My employer told me yesterday that i maybe deployed 7 weeks from now and immediately be paid $4300 but if im not he will try to pay me $3500 only. My LCA says my wage is $41,830.00(3500/mo) but my contract says $52,000(4300/mo). Right now, im considering to go back home.
My question are:
1. Is waiting for 7 weeks from now (which is still unsure for the employer) before being paid legal? Coz, right now, i really need to get paid in order for me to support my family.
2. Is paying me $3500/mo, if im not deployed, and $4300/mo, if deployed, legal? Must i be paid only with the same amount regadless if im benched or not?
3. I'm considering to go back to my previous job in our country atleast i have a stable job, Is it ok if i leave my current employer? coz I believe i will pay liquidation damages once i do that.
4. Also, Does LCA has an expiration date? what happen if it is expired already? Coz my LCA expiration is dated back Nov 30, 2008 but my H1B visa will expire sept 2011.
Please help, i really dont know what to do coz my job is floating here.
Thank you in advance for any advices.
Im a H1B visa holder and came here January 26, 2011. My employer(N.V. based) is currently paying my stay and food allowances here in San Diego while im waiting for my SSN and for my deployment to a project. My employer told me yesterday that i maybe deployed 7 weeks from now and immediately be paid $4300 but if im not he will try to pay me $3500 only. My LCA says my wage is $41,830.00(3500/mo) but my contract says $52,000(4300/mo). Right now, im considering to go back home.
My question are:
1. Is waiting for 7 weeks from now (which is still unsure for the employer) before being paid legal? Coz, right now, i really need to get paid in order for me to support my family.
2. Is paying me $3500/mo, if im not deployed, and $4300/mo, if deployed, legal? Must i be paid only with the same amount regadless if im benched or not?
3. I'm considering to go back to my previous job in our country atleast i have a stable job, Is it ok if i leave my current employer? coz I believe i will pay liquidation damages once i do that.
4. Also, Does LCA has an expiration date? what happen if it is expired already? Coz my LCA expiration is dated back Nov 30, 2008 but my H1B visa will expire sept 2011.
Please help, i really dont know what to do coz my job is floating here.
Thank you in advance for any advices.
