I'm on H1 Visa - Salary not given as promised

[mkk]

Hi,

I just came to the states on an H1 visa along with my wife and kid (both on H4). As soon as I landed, I hear that another person is hired as my boss and they are evaluating my position and want to downsize the promised salary. The promised salary (which was mentioned in my DS160 and the offer letter as well, which I provided to VFS while for the interview) was $7250 pm.

Now, the company is saying that they can only pay me lesser than that - about 3K. Which is OK for me, as long as it does not put me to trouble legally.

I haven't accepted the new salary package. How should I reply to them?

I would like to accept it and make sure that my H1 is still holding good. Would it be possible?

Can I still keep working for them on H1 with the new salary package without letting the DOL know? Is this legal?

Or do I have to demand them the full salary and if they're not willing look for another job?

[kabkaba]

You must get paid according to the LCA. Any changes in salary will mean that a new LCA will have to be filled and possibly petition needs to be amended. You have rights, understand those. The company should speak to their lawyers about changing your salary in such a manner.

Your acceptance does not matter. The company is responsible to towards you and department of labor.

[mkk]

Thank you for the quick response.

At the moment, I'm thinking of accepting the 3k package. In that case the company should alert the attorney, isn't it? Not me.

Is that amendment going to be chargeable as well?

Also, I read in many places about going "out of status". What does that mean?

Does it mean company not paying me the month's salary as promised initially OR company not paying me any salary at all?

You must get paid according to the LCA. Any changes in salary will mean that a new LCA will have to be filled and possibly petition needs to be amended. You have rights, understand those. The company should speak to their lawyers about changing your salary in such a manner.

Your acceptance does not matter. The company is responsible to towards you and department of labor.

[shervin143]

At the moment, I'm thinking of accepting the 3k package. In that case the company should alert the attorney, isn't it? Not me.
>>> The company should file an LCA that metches what they will pay you and the DOL: should approve it.

Is that amendment going to be chargeable as well?
>>> Yes.

Also, I read in many places about going "out of status". What does that mean?
>>> If you don't get paid when you are in H1B (no proper pay slips), then it is termed as out of status as you are not maintaining the H1B status as per the H1B regulations. When you are in H1B you should work and get paid.

Does it mean company not paying me the month's salary as promised initially OR company not paying me any salary at all?
>>> Company not paying you at all will put you out of status. Company paying you less than the approved LCA will cause issues with future petitions, visa stampings and GC process as the W2 will show less than the approved LCA.

[mkk]

Thanks Shervin,

The company said they'll pay me in cash and not stubs. Is this okay?

At the moment, I'm thinking of accepting the 3k package. In that case the company should alert the attorney, isn't it? Not me.
>>> The company should file an LCA that metches what they will pay you and the DOL: should approve it.

Is that amendment going to be chargeable as well?
>>> Yes.

Also, I read in many places about going "out of status". What does that mean?
>>> If you don't get paid when you are in H1B (no proper pay slips), then it is termed as out of status as you are not maintaining the H1B status as per the H1B regulations. When you are in H1B you should work and get paid.

Does it mean company not paying me the month's salary as promised initially OR company not paying me any salary at all?
>>> Company not paying you at all will put you out of status. Company paying you less than the approved LCA will cause issues with future petitions, visa stampings and GC process as the W2 will show less than the approved LCA.

[raghvi]

What the company is doing is illegal, first they are not paying you as per LCA, and now they are saying they will pay you cash and not generate stubs? You seem to be getting yourself into the standard trap of typical body-shoppers as they say. Without paystubs you will not be able to prove your status whenever you go for exetensions/transfers/new visas. If you dont resolve this issue it will be very difficult for you to work anywhere else in future and you would be stuck with this employer at this illegal way till your visa/I-94 expires and after that possibly never be able to come back. Tell them that you cannot be part of this, and if they dont want to do this the right way you would have to complain to DOL. Start keeping proofs of all this correspondences, and start looking for another job too as this employer doesnt seem genuine. This is my opinion, please do consult experts too.

[kabkaba]

What the hell are you thinking? The company must have given you a document called as labor condition application or LCA. Read that. There the company has mentioned a salary per month or per year. They must pay you at least that much and withhold taxes on that amount. Such case payments will cause problems for you both with USCIS and IRS. Consult a lawyer (of your own). This seems to be a typical IT consulting fraud company. All this can screw your career big time.

[shervin143]

Well, the previous two posts have answered your question to its point. First of all read the below links and understand your rights and responsibilities as a H1B holder. Don't involve in illegal activities and mess up your H1B status & immigration records.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/

Thanks Shervin,

The company said they'll pay me in cash and not stubs. Is this okay?