How long before the first pay since entering on H1?

R

Rego

New Member
Hi,
My consultant hired me in H1 on the basis of commencement of pay once they can place me in a project with a client. I entered the country one month back. Is there a specific legal time limit before which they must place me somewhere or commence paying me? I was told that there is a 60 days time limit. Can someone confirm if it is 30 days or 60 days or more? I would appreicate any help.
 
not legal

Rego,

As far as I know there is no 30 or 60-day limit. You are supposed to get salary right away i.e. your start date with the company. The company should pay you exact same salary as stated in your LCA application used to obtain your H-1b visa. This is a common, but illegal practice not to pay foreign workers until they are working for a client i.e. billable.

It is one of the many ways to exploit foreign workers.

Good Luck,

RamFan
 
Thirty days. The person must be paid when s/he actually starts working or within 30 days of entering the US if the person is available for work. See 20 C.F.R. 655. I am currently litigating a case for an employers failure to comply with the benching rules.
 
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