no salary in H1b..is it legal?

USA H1B Visa
1

Saurabh,I am currenlty holding B1 visa and H1 visa both in my passport… Business visa was issued 2 yrs back where my h1b visa was issed in last yr…now I have a onsite opportunity but duration is only 6 weeks. My employer wants to send me on H1b visa.

since it is a 6 wks trip to US my employer wants to use my h1b visa as i will perform some work/development activities… but employer is saying that they would not give me salary in US…my salary will continue in india and I will getting per day allowance like lodging and $ for food and local transport…is it legal?

Thanks, amar

2

That’s not correct. When on H-1, your employer is required to pay you the salary in US as per the salary mentioned in the LCA. In addition, they should pay fedral taxes on the same for them, and you need to file tax return for the year. This means, they should issue a W-2 at the end of the year. You will also need to file for SSN soon after reaching US for the tax purposes.