ExpertLaw.com Forums

Is a Pay Date Gap More Than 2.5 Months Legal?

Printable View

  • 08-18-2008, 11:29 PM
    freephone
    Is a Pay Date Gap More Than 2.5 Months Legal?
    Hi,
    When an employee is working full time to employer X on H1-B visa, how much should be the gap in pay date & pay period?
    For e.g. If an employee starts working from 01-Jun-08 & if the employer has generated the first pay stub on 10-Aug-08 for the pay period 1-jun to 14-jun 08 (80 hrs), is it legal?

    Also, will this paystub cause any problem while transfering H1-B to another employer?

    If it is not legal, is this 2+ months gap in pay stub legal if employee is working on hourly basis?

    I'll really appreciate if someone can reply to these queries.

    Thanks
  • 08-20-2008, 05:55 AM
    Mr. Knowitall
    Re: Is a Pay Date Gap More Than 2.5 Months Legal?
    If you're laid off or unemployed, you are supposed to return to your nation of origin.

    Your employer is supposed to pay you, at a minimum, the salary described on the labor certification even if you are benched.

    Why don't you tell us what happened?
  • 08-21-2008, 11:17 PM
    freephone
    Re: Is a Pay Date Gap More Than 2.5 Months Legal?
    Well, I joined my employer on 1 Jan 08 & I didn't get job for next 6 months...so I was not paid for any of these period & I'm still on his H1. Now, I got job in June 08 ...but my employer said he don't have money & that he can pay after 2 months...he paid 1st check on 15 aug 08 for period 1st jun to 15 jun 08...is this leagl? Will there be any problem for me at any time from INS??
  • 08-24-2008, 07:46 PM
    T53147
    Re: Is a Pay Date Gap More Than 2.5 Months Legal?
    You are already in trouble for not getting paid for the previous 6 months. You have a job with your employer, and he is obligated by law to pay you whether or not he has a project for you to work on.

    Your employer and you are obviously abusing the H-1B visa program. Report your employer to the Department of Labor in order to get your missing wages. Find a legitimate employer and have them file a new petition not under cap which will likely require that you leave and re-enter the country before you begin work.

    Contact an immigration attorney for assistance with all of this.
  • 08-25-2008, 05:21 AM
    aaron
    Re: Is a Pay Date Gap More Than 2.5 Months Legal?
    Quote:

    Quoting T53147
    View Post
    Find a legitimate employer and have them file a new petition not under cap which will likely require that you leave and re-enter the country before you begin work.

    Unless his current employer is cap-exempt, by receiving an H1B he's already been counted against the cap.
All times are GMT -7. The time now is 09:45 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved