Last (old) Employer Salary not matching old employer LCA: h1b stamp issue with new emp?

dream16

By dream16,
in H1B : Visa Stamp

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dream16 Advanced Member

dream16

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Guys,

 

Does VO also checks for the records of $ amount mentioned in your old LCA of 2013 with the last employer to the W2 for the last year i.e. 2013? Or do they only care about current employer's LCA and your salary on paychecks for current year?

 

Please advice, if someone took 3 months indian vacation, they surely cannot meet the per year LCA requirement and do VO have that much time to drill down the pro-rated amount based on the period they stayed in US for last year with the old employer?

 

Thanks for your help...

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Jubei Newbie

Jubei

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Visa Officer job is to check whether you are currently working and paid properly. Your old W2 is secondary, in the event it comes up Jairichi answered it. Its a cause for concern if you are in US and not paid which is clearly not your case, as there's no H1 Status, wage requirement to be paid when you are outside US, you have nothing to worry.

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dream16 Advanced Member

dream16

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Is Prevailing Wage information same as Wage Rate? For example, if Wage Rate on LCA says: 90k and Prevailing Wage for Level IV in that region is 64k per year and h1 employee receives 75k for that year, then is that an h1b violation by employer and employee? If yes, does that mean employee must have received atleast 90k for that year as per Wage Rate?

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Jubei Newbie

Jubei

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That's good in the sense you are paid above prevailing wage. If you are an hourly employee it happens more often that you could hardly reach the salary equivalent as holidays may not be included. Sometimes USCIS ignores minor gaps even during H1 transfer where they go through the documents in details, now you talking about visa stamping where you just need to mention the reason for a small salary difference, what are the odds of VO calculating your last year salary, LCA ? its definitely better to be prepared like you took extended time off exceeding your vacation time like an extra couple of days during thanksgiving.

 

In short its very trivial for VO as if he could clearly you have a job and employer paying you atleast above prevailing wage, don't worry too much about it.

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dream16 Advanced Member

dream16

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Severance pay cannot be used to justify for being paid less than salary mentioned in LCA.

Can bonus offered by employer now in 2014 be used?

 

Would VO look only at LCA of old employer in terms of what they paid me for 2013 or would they also count any amount of $ for initial months of 2014 before i left them? Technically, only a 2013 W2 is available for now that they can check - but then they may want to see paystubs of this older employer for this year i.e. 2014? I dont know to what level of digging will be done. Amount mentioned in LCA's are yearly, so i am trying to determine their method of calculation against 2013 W2, is it like a simple pro-ration they do (based on if beneficiary was out of usa for vacation etc) for the months of 2013?

 

Intent should be to look at current employers paystubs,i-129,lca ==> giving old employer 797 is fine, but i dont know if they ask for old employer pay-stubs?

 

Thanks Jubei for insights, Yes, i was above pre-wailing wage. But unfortunately, difference isn't minor, i mean 5k dollars :( [mistake is definitely on employer's part as they cancelled my payroll when i flew to india saying we will pay next year]

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rahul412 Advanced Member

rahul412

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Thanks Jubei for insights, Yes, i was above pre-wailing wage. But unfortunately, difference isn't minor, i mean 5k dollars :( [mistake is definitely on employer's part as they cancelled my payroll when i flew to india saying we will pay next year]

If you were not in US for sometime during your H1 status then there is no need to get paid during that time. So you are good to go.

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jairichi Advanced Member

jairichi

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Can bonus offered by employer now in 2014 be used?

 

Would VO look only at LCA of old employer in terms of what they paid me for 2013 or would they also count any amount of $ for initial months of 2014 before i left them? Technically, only a 2013 W2 is available for now that they can check - but then they may want to see paystubs of this older employer for this year i.e. 2014? I dont know to what level of digging will be done. Amount mentioned in LCA's are yearly, so i am trying to determine their method of calculation against 2013 W2, is it like a simple pro-ration they do (based on if beneficiary was out of usa for vacation etc) for the months of 2013?

 

Intent should be to look at current employers paystubs,i-129,lca ==> giving old employer 797 is fine, but i dont know if they ask for old employer pay-stubs?

 

Thanks Jubei for insights, Yes, i was above pre-wailing wage. But unfortunately, difference isn't minor, i mean 5k dollars :( [mistake is definitely on employer's part as they cancelled my payroll when i flew to india saying we will pay next year]

Bonus is not part of your salary mentioned in LCA. VOs do check everything. But, if you are lucky enough you may get away with it.

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  • 2 months later...
rahul412 Advanced Member

rahul412

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Is there a god-damn way out of this 2013 devil that still haunts? Based on discussions here, some are vouching that it can be an issue even in future during an h1b transfer  ;( ? (not alone the stamp).

Yes there is a way, called legal way. File a complaint against that employer for not paying you the promised salary or take risk of rejection during the interview.

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dream16 Advanced Member

dream16

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Yes there is a way, called legal way. File a complaint against that employer for not paying you the promised salary or take risk of rejection during the interview.

& what do you think the complaint will bring? The remaining salary? Even if yes, it was all 2013 and now with 2015 coming up, how can that fix what was broken?

 

Routing me to DOL & further processing/halts w/o any feasible solution isn't whats going to help. I am sure i am not the only one who has gone through this unfortunate thing and hence seeking advice from others who managed to get out of it.

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rahul412 Advanced Member

rahul412

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Routing me to DOL & further processing/halts w/o any feasible solution isn't whats going to help. I am sure i am not the only one who has gone through this unfortunate thing and hence seeking advice from others who managed to get out of it.

Is something wrong with you dude?? If you think that legal route will  not help you then what route will?? What's wrong in filing a complaint? In another post you said it was your friend and here its you, are you hiding something?

 

If not you would have filed the complaint on the day when this thread was created.And by not filing a complaint it raises more questions like are you involved in some fraud activities...

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dream16 Advanced Member

dream16

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Is something wrong with you dude?? If you think that legal route will not help you then what route will?? What's wrong in filing a complaint? In another post you said it was your friend and here its you, are you hiding something?

If not you would have filed the complaint on the day when this thread was created.And by not filing a complaint it raises more questions like are you involved in some fraud activities...

Enough of moral preaching rahul412, what has happened in the past has happened and CANNOT be changed now...
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rahul412 Advanced Member

rahul412

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Enough of moral preaching rahul412, what has happened in the past has happened and CANNOT be changed now...

That's up to you, but if in case you face any problems w.r.t immigration bcos of this issue don't blame it on US LAWS and don't scare people with your posts.

 

It looks like you are the one who abused the system.

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