3. Payment of H-1b workers
H-1b employers are required to pay wages indicated under Labor Condition Application (LCA wages) 30 days from H-1b admission into the US. If an alien changes status to H-1b within the US, the LCA wages must commence no later than 60 days following the effective date of change of status. Once this 30/60-day window closes, employer must begin paying wages. Note: employer’s wage obligation begins before 30/60-day window closes if the beneficiary is available for work. If an employee reports to work before the 30/60-day period ends, the employment relationship begins at that time.
The employer's obligation requires them to begin to pay you no later than 60 days of you being ELIGIBLE to commence work.
So then the question is when are you ELIGIBLE TO WORK and what is a reasonable excuse not to commence work?
(ii) Circumstances where wages need not be paid. If an H-1B nonimmigrant experiences a period of nonproductive status due to conditions unrelated to employment which take the nonimmigrant away from his/her duties at his/her voluntary request and convenience (e.g., touring the U.S., caring for ill relative) or render the nonimmigrant unable to work (e.g., maternity leave, automobile accident which temporarily incapacitates the nonimmigrant), then the employer shall not be obligated to pay the required wage rate during that period,provided that such period is not subject to payment under the employer's benefit plan or other statutes such as the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.). Payment need not be made if there has been a bona fide termination of the employment relationship. DHS regulations require the employer to notify the DHS that the employment relationship has been terminated so that the petition is canceled (8 CFR 214.2(h)(11)), and require the employer to provide the employee with payment for transportation home under certain circumstances (8 CFR 214.2(h)(4)(iii)(E)).
So it boils down to WHY you are not eligible to work until 11/15 whether you are out of status during that period of 10/01 to 11/15.
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