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H1B Salary

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  • H1B Salary

    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

  • #2
    The company is required to pay the H1b wages only after the H1b start date and the offer letter should be based on the min rate as per DOL.

    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.

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