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Nani_H1b

Pay check more than LCA wage

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Hi,

I came across a situation where employer received  call from IRS as he is running pay check more than LCA wage for one of his employee. Does IRS call employer to verify why he is running  more than LCA. How does IRS knows LCA wage of H1b as it is different department. If there is a increase in pay scale who is working in same job with no change in job duties and location does he need to file amendment or new LCA. If new LCA is sufficient how can we determine that. Is there any limit that pay check can not increase certain amount of LCA.

 Appreciate your reply. 

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The IRS does not call somebody out of the blue. If your employer is trying to bluff you in to not giving you a raise, then get another job.

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Unless your LCA is filed for 60K and you are getting paid 130K it will not be an issue and IRS will not know about your LCA for sure.

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Appreciate every ones reply. 

Even I asked same question question how does IRS know about my LCA. His argument is they might be knowing using SAVE database. 

How much is the maximum variance can we have between LCA and Wage.

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Again, IRS never calls. They need a paper trail for everything. There are never any calls from IRS. Peruod.

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On 2/14/2020 at 10:28 AM, Nani_H1b said:

Appreciate every ones reply. 

Even I asked same question question how does IRS know about my LCA. His argument is they might be knowing using SAVE database. 

How much is the maximum variance can we have between LCA and Wage.

There is not rule for it, but I would say 10-15% (if you get 5% hike per year for 3 years) will be reasonably allowed.

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You can be paid any sum above the LC. If your employer wants to give you a million-dollar bonus, he is allowed to. What is not allowed is paying you less than the LC. What part of "your employer is fooling you" is not clear?

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