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Current salary less than salary stated in H1B petition

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I have a similar problem and was super confused until I read this thread. 

I was working on my F-1 OPT until Jan 2018 when it expired. Since I didn't get my H1-B until then my company applied for my work permit in Canada since we have an office here but the position and responsibilities are exactly the same. I have been working remotely in Canada since March 2018 eventhough I am still a US employee on US payroll.

My company filed for my H1-B again for FY2019 and this time it got approved. My LCA shows a salary of $91k whereas my actual pay has been $73k. What should I do? 


Edited by DanAkh

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I am also having same problem. Present i am getting $40000 per year. Recently my H1b got approved. My LCA shows $85000 per year. Now my company people doesn't want to pay me as per LCA, moreover that they are asking me to pay for taxes for $85000 from my current salary ($40000). I am totally confused.  

Please give me your suggestions.

Thanks in advance


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Totally illegal. File a complaint with DOL on form WH4. And find a better employer.

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Hey Guys

similar situation. i was earning aroud 82k but for my H1 extension early last year(around May) employer applied LCA for 90k. My renewal was approved in May. 

So this new 90k should start from May? I am asking this because, even though my employer recenlty started paying 90k (From October), my w2 for 2018 show 85k which is less than LCA, 

I am confused as to which is correct?

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On 10/30/2018 at 10:23 PM, JoeF said:

Totally illegal. File a complaint with DOL on form WH4. And find a better employer.

Hi JoeF,

Firstly, You been doing great job in helping people with their issues.  Thanks for that.

Here is my situation,  h1b approved like two months ago, and my last two months pay was 500$ less per each month from the start date.  LCA was 78,000, Prevailing wage is 75,000.  But the current pay scale was set to 72,000/12=6000(from last two months).

I figured this out recently and spoke to the employer and didn't see positive movement, so looking to change the employer, Since to change my employer I have to transfer my visa and have to submit at least my last three months pay slips. 

Do you see any issues with transferring the visa? since the pay slips doesn't satisfies the lca wage?

Do you think that less pay than lCA from current company leads to h1 transfer denial?  If so, please let me know how could I get this adjusted before transferring h1b to new employer.

Any advice is greatly valuable and appreciated.


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