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  1. #1
    Join Date
    Feb 2006
    Posts
    1

    Default On H1 Status But Paid At Lower Rate

    I am from India and I entered US in August 2005 using B1 visa. My H1b as well as change of status from B1 to H1b was approved by INS and the start date of my H1b was 1st October 2005. For October, November and December months my employer didn’t put me in H1b payroll instead I was given per diem and Indian salary as if I was in B1. H1B payroll only started on 1st Jan 2006 and my employer made me sign a new offer letter which indicates as though I am accepting the H1B offer from Jan 1st 2006.

    Is this legal in United States? Can this be done with in the norms of Immigration laws?

    When some asks me when did I start working on H1? Should I need to say from 1st October 2005 or 1st Jan 2006?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    It sounds like your employer is deliberately violating both U.S. immigration laws and U.S. wage and tax laws.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    This is prohibited. You cannot work on a B-1 visa. But your B-1 status was changed to H-1B, which requires the prevailing wage...

    You should consult a competent attorney regarding your legal status.

    Best regards,

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