Would that be of any problem to both me and employeer. Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA. Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount. Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until nowīut he agrees to let me join his company but at the same time he worried about few things I will be laid off from an american company by the end of Feb 2009. It will help your employer to cover him, and it will complete your records. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. As you your employer doesn't owe you back wages.Īnd since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. for 6 months) of the pay specified in LCA? Please clarify.Ģ.) You can have an H1 with an employer, but not work with that employer. Did you mean to say that you pay was less than the 1/2 (i.e. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. 1.) The total pay in LCA is most likely for the entire year.
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