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Can a H1B employee work on Hourly w2 ?

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  • Can a H1B employee work on Hourly w2 ?

    Hello Experts,

    My LCA has been submitted for $60,000 Per Annum.

    I am a new H1B consultant and my rate varies every contract.

    Ex: Lets Say currently I make $42/Hour

    Future it may be 46/hr or 49 /hr depending on the contract.

    My questions are as follows :

    1) Is it fine if my H1B Employer pays me the Hourly w2 rate at $44/hr which will be more that what is mentioned on my LCA, and later on increase the rate as per my contracts or he has to strictly pay me as per my LCA ?

    2)Can a H1B employee work on Hourly w2 ?

    3) Accoring is LCA my salary is $60,000 but with my current rate my yearly gross will be more I,e Around $87,000

    What is the best method for me for payments i,e Please suggest best possible outcomes so that i can present it to my employer?

    Regards.

    Khushi
    [email protected]

  • #2
    It really doesn't matter how you get paid. Your pay cannot be less than the approved LCA. If it is more, no issues.
    Not a legal advice. Use of this information is strictly at your own risk.

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