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User0015

Pay cut on H1-B. I need assistance in validating the max amount by which my pay can be reduced due to Covid-19 situation.

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Hello,

My company filed my H1-B in 2019 and the yearly salary was locked on $70,000 with my manager. My labor condition application was filed under SOC Code 17-2112 and it stated that the company is offering me $70,000 when the prevailing wage was $58,718 for level 1 per 2019 standard.

Now due to financial distress in Covid-19, my company has reduced pay for all employees. My new yearly salary is $60,000.  I checked the prevailing wage for SOC Code 17-2112 and right now it is $63,981 yearly.

Questions:

- So does that mean my reduced salary ($60,000) is fine because the LCA was filed in 2019 and the prevailing wage rate was $58,718 at that time or the company needs to pay me according to the 2020 prevailing wage?.

- Do I need to inform uscis about the salary change, if so what would be the procedure?

- Is there a chance of any legal issues?. Do I need to inform my employer?

Link to check the prevailing wage: https://www.flcdatacenter.com/OesQuickResults.aspx?area=35620&code=17-2112&year=20&source=1. Image also attached for reference.

Screen Shot 2020-06-17 at 10.14.59.png

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Reduction in pay will need an amendment. You should check with an attorney if you are ok to take the paycut.

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On 6/18/2020 at 5:09 PM, User099 said:

Reduction in pay will need an amendment. You should check with an attorney if you are ok to take the paycut.

Do you mean I have an option to reject the paycut?

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9 hours ago, User0015 said:

Do you mean I have an option to reject the paycut?

You can reject the pay cut, but remember the employer can terminate employment if the position is not affordable any longer.

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13 hours ago, User0015 said:

Do you mean I have an option to reject the paycut?

What I meant is if you take the paycut and don't meet the LCA requirement, then whats the use. You will have to find a new job in that case. 

Pay cut will need an amendment and amendment will need a new LCA as per the current pay rates.

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