Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
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Concerns regarding nonpayment of wages and potential H-1B impact
Question details
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
FAQ Transcript
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
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DOL Notice on H-2A Program: 2013 Allowable Meal Charges and Travel Subsistence
The Department has published in the Federal Register a notice establishing the 2013 allowable meal charges and maximum travel subsistence reimbursement amounts. The 2013 allowable charge for providing three meals a day is set at $11.42 per day, although employers may petition the Chicago National Processing Center for a higher charge if justified by documentation of actual costs. Similarly, the 2013 minimum subsistence charge for meals during travel is set at $11.42 a day.