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SSV236

Current salary vs LCA salary on consular processing

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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.

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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).

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When you enter with the H1 visa you have to get the H1 salary.

 

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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.

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