H1B Salary

priya.r

New Member
Hello,

Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

Should the increase happen on October 1st 2010 when the H1B kicks in,

or should the increase happen when the H1B gets approved ( between april - october )

or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


Hoping for your valuable replies as soon as possible.

Thanks
 
First you would have to know if your company is even willing to increase your salary at all at any point. If they are not that is an issue you need to tackle first.

Secondly I would strongly suggest the company hire an immigration lawyer to help/advise them on how to apply for H1B for you. If they do it on their own and make a mistake (which is fairly easy in any immigration process, especially for inexperienced people) you are the one suffering (no job, losing your status etc).

Also would the job fall under the capped or non capped H1B? If it is capped they need to apply before April 1 and you are by no means certain you will actually get an H1B.
 
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