SSV236 Posted November 7, 2019 Report Share Posted November 7, 2019 Hello, I am currently working in the US on F1-STEM EXTENSION visa as an engineer and getting a salary of USD78000. My employer has recently filed H1B on my behalf as consular processing (not as a COS). My H1B got picked in the Lottery. Since its a consular processing I will have to go back to my home country and get the H1B Visa stamp after that my H1B will be in effect. The salary stated in the LCA H1b petition is USD90000 although I am still drawing the old salary USD78000 because I am still on my STEM OPT. I am planning to go for visa stamping in January 2020. At what time the employer is entitled to pay the salary stated in the LCA. For example, I am planning to go for vis Interview on January 10, 2020, let's hope I get the Visa stamp on 01/10/2020. So my H1B will start on 01/10/2020. The question for salary is - the new salary will start on 01/10/2020 (because of consular processing) or when I go for the visa interview, I will have to present payslips which satisfy LCA conditions (USD90000)? Please advise. Quote Link to comment
User099 Posted November 8, 2019 Report Share Posted November 8, 2019 Honestly there is nothing stopping him from paying you the higher salary now. But once you come back on H1, you will need to be paid 90K (no exceptions). Quote Link to comment
JoeF Posted November 8, 2019 Report Share Posted November 8, 2019 When you enter with the H1 visa you have to get the H1 salary. Quote Link to comment
gopalakrishnach Posted November 8, 2019 Report Share Posted November 8, 2019 After Visa stamp on 01/10/2020 and when you enter USA on H1B visa. Thats when you H1B salary will start... Quote Link to comment
SSV236 Posted November 9, 2019 Author Report Share Posted November 9, 2019 Thank you Joe and user 099 for your reply. Do I need to carry any offer letter which mentions that upon arrival the salary will be USD90,000 during the visa interview? Please advise. Quote Link to comment
User099 Posted November 11, 2019 Report Share Posted November 11, 2019 Its better to have an offer letter as this is your first H1B Quote Link to comment
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