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30/60 days rule

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  • 30/60 days rule

    1. How does USCIS/VISA OFFICE/POE interpret the initial 30/60 days period if the unfortunate employee spends this time without paystubs while his employer is looking for work ..

    2. How does this initial 30/60 days period pose challenges in future at the time of visa interviews (be it for the same petition or a new petition)? Does this little time period invite way too many questions at the time of VISA INTERVIEWS at a later stage?

    3. I mean how safe is it to the H1B employee to take a chance with current employer when he looks for project during this period (30/60 days from Oct 01) .. or it is better to leave US within first 20 days from Oct 01 and look for options from home country?

    3. How does this 30/60 days without paystub affect transfer petitions. I must elaborate this statement a bit. For example:
    - If USCIS issues RFE requesting for paystubs which surely is not there, how to deal?
    - If unable to reply, does it lead to denial of transfer petition OR these are automatically approved for consulate processing?

    Seniors please share your thoughts and experiences.


  • #2
    Respect to the original post. Taken from Google.

    DOL Regulations Define Start Date for Wage Obligation

    The DOL has a regulation that states that an employer who files an H1B petition must begin to pay the sponsored worker the required LCA wage when the worker enters into employment. The DOL defines this as when the worker makes himself or herself available for employment or when the worker comes under the control of the employer. Thus, an H1B employee meets this requirement and the wage obligation begins, in many situations, when the worker is not engaging in productive employment. This can include common situations, such as when the employee is available to start, but is waiting for an end-client assignment, is engaged in any type of training (whether in-house or from the employee's residence), is attending orientation sessions, and/or is interviewing with end-clients or customers for placement. Thus, employers that do not pay their H1B workers who have made themselves available or are in the employer's control, as explained above, can be subject to substantial back-wage assessments.

    DOL 30/60-Day Rule

    If the H1B worker does not enter into employment, as defined above, and is present in the United States, then the DOL's 30/60-day rule will apply. The relevant DOL regulation states that if the H1B worker does not enter into employment, the H1B employee must be put on the employer's payroll and be paid the full required LCA wage on the 30th day after the employee entered the U.S. in H1B status. If the H1B worker was already in the U.S. when the H1B petition was approved, s/he must be paid the full required LCA wage, at the latest, by the 60th day after the date when the worker became eligible to work for the employer. The worker is considered eligible for work on the start date listed on the approved H1B petition or the date that the H1B petition is approved, whichever is later. Thus, the wage obligation must begin, at the latest, 60 days after the start date of the approved H1B petition.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      DOL wants to ensure that the H1b gets paid. Immigration wants a person to hold status at all the times which requires one to work. If you think DOL will protect you if you don't make yourself available for employment 30/60 days, congrats, you just broke the immigration law.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


      • #4
        any update on how 30/60 period ?