Queries regarding my rights as an H1B worker

[immihelp]

Hello

I am an H1B visa holder. My employer is paying me on an hourly rate. My
employer is not a direct contractor to the end client, going through yet
another third party. My employer has been paying my wages on a delayed
basis - the delay varying between 40 to 45 days from the last day of the
working month, so that my October 2009 wages were paid out only in
mid-December. The reason is - he claims - that he can only pay me after
receiving payment from his contract partner. Then there is a further delay to deliver the payslip.

>>>> You need to be salaried employee. Your wages can not be contingent upon they getting paid.

According to your website, the section under "Contingent Payment" in the web
page on H1B Visa Holder Rights, states that this practice is not right. If
this is true, what course of action can I take - legal or otherwise? In fact
I find such practices being carried out blatantly by H1B employers and I
cannot find any reasonable avenues of redress within the American system.
>>> Read
>>> https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/


Could you please calrify what can be done in this instance? In fact I am on
the verge of ending it all over here and going back home - but before that I
want to ensure that I get settled promptly without delay before I head for
home and I would at least like to be able to make a credible threat to my
employer that I can complain to an approriate authority if my salaries are
not paid promptly in ful
Read
https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/.

Is it true that companies will not offer group medical insurance payment
benefit to hourly-rated staff but only to permanent salary staff?
>>> There is no such rule. It all depends upon the overall policy of the
>>> company (employer). Insurance companies generally all full time workers
>>> (30 hours or more) to be covered, whether hourly or salried.

Also my employer has let the group insurance lapse as of Dec 5th 2009. He
claims that the insurance has been renewed under an amended benefits package
and becuae of underwriter review, the procss is getting delayed. However it
is now already one and a half months and I still have not recieved my new
insurance card. Again is there any avenue for complaint or redress?
>>> It is very difficult to say what is going on. I suggest you call your
>>> insurance company or your company's insurance agent to find out more

[immihelp]

Read below.

[immihelp]

Hi

Thanks for your answers. They are particularly helpful.Just one more thing.

I neglected to mention that my employer is justifying delays in payment of wages because he put in a clause to the effect in the offer letter to me The clause reads that wages will be paid "on due date or upon payment from client". The word "client" in their parlance refers to their third party vendor - not the end client. My copy of the letter is not signed but they claim to have a copy signed by me.

These terms were sneaked into the offer letter, there being no prior discussion of these terms between us. I was also unsuspecting of these terms as I had done a prior contract wth this same company, also under hourly billing, where there were minor delays, but not to the extent of what I am now experiencing. It therefore came as a shock to me that a company I had trusted implicitly actually duped me into an arrangement of this nature.


My question is: Are such clauses in an employment offer letter legal? Will it change my status from an employee to that of a sub-contractor subject to billng cycle delays? Will it affect my ability to seek redress ?

[immihelp]

Such clauses are not legal. You need to get paid on time. It does not matter whether they get paid or not, or when they get paid.