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  1. #1

    Default Per diems on H1 B Visa

    Hi,

    I am supposed to travel in a month to the US (Illinois) through my employer (an IT company) for 6-8 months. The company is giving me accommodation and car (stay and travel). But it will not pay me any US salary except per diems of $40 USD every day. At the same time, my employer is also giving me Indian salary in India.

    Therefore in light of this, I have following queries:
    a) Whether it is legally allowed or possible to work on H1 Visa in US without salary and only through per diem which is mainly for food and other expenses ($40).

    b) If not, then how can I inform employer that this is wrong doing or policy gap? Is there any link or place where I can point the immigration team of my organization to check out from there. Currently immigration team is saying that there is no violation of rules even if a person travels on H1 for US but given per diem.

    c) Will per diems arrangement pose me any threat in terms of job change (H1 transfer to new employer) or any other legal action that might arise in near future?

    I am not sure whether payslips will be provided to me by employer in US or not sure what they will write as description - per diem expenses, etc. if provided

    Please help me out.

    Thanks,
    Ankur

  2. #2

    Default

    It's completely illegal to get per dimes on H1, on H1 you must get paid in US. Otherwise, you will be out of status and it will affect your future visa/gc processes.

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