Incorrect "Rate Of Pay Per Year" in I-129 form


pal1986

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Hi,

I am planning to travel to India next month (Sept 11th) and I am eligible for drop box, So I requested my attorney to send me copy of I-129 so that i can complete DS-160. After reviewing I-129 , i found "Rate of Pay Per Year" is $30k more then my salary but the prevailing wage in LCA is $4k less then my current salary . When I emailed HR & Lawyer, they said it was a genuine clerical error and they are in a process of filing new Amendment with corrected salary. My current H1-B extension is approved till April-2020. 

When I spoke with the Lawyer about drop-box he said he would not recommend me to travel until Amendment is approved but since its dropbox, I might take a chance if travel is necessary. Since there is no Premium processing available now, if i wait for Amendment approval, it would take close to 6 months to get approval. 

  1. Is it okay for me to go for dropbox now ?
  2. Even though "Rate of Pay Per Year" in I-129 is more then my salary but Prevailing wage in LCA is less then what i get. Can i take the chance ?
  3. If I get called for interview, I can explain visa officer about the situation and show him the Amendment receipt. 

Any help is greatly appreciated. 

NOTE: From last 5 years, i am working for a mid sized company as FTE and immigration law firm that represents our company is one of the top firms. 

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19 hours ago, pal1986 said:

Hi,

I am planning to travel to India next month (Sept 11th) and I am eligible for drop box, So I requested my attorney to send me copy of I-129 so that i can complete DS-160. After reviewing I-129 , i found "Rate of Pay Per Year" is $30k more then my salary but the prevailing wage in LCA is $4k less then my current salary . When I emailed HR & Lawyer, they said it was a genuine clerical error and they are in a process of filing new Amendment with corrected salary. My current H1-B extension is approved till April-2020. 

When I spoke with the Lawyer about drop-box he said he would not recommend me to travel until Amendment is approved but since its dropbox, I might take a chance if travel is necessary. Since there is no Premium processing available now, if i wait for Amendment approval, it would take close to 6 months to get approval. 

  1. Is it okay for me to go for dropbox now ?
  2. Even though "Rate of Pay Per Year" in I-129 is more then my salary but Prevailing wage in LCA is less then what i get. Can i take the chance ?
  3. If I get called for interview, I can explain visa officer about the situation and show him the Amendment receipt. 

Any help is greatly appreciated. 

NOTE: From last 5 years, i am working for a mid sized company as FTE and immigration law firm that represents our company is one of the top firms. 

1. Yeah you can go ahead.

2. Yep. LCA is more important.

3. You can do that. Let us know ow it goes.

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