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hariK

Getting paid less than shown in LCA

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Hello All,

 

I work for a consulting company and was planning to go for my H1 stamping to India next month. I was gathering all my documents and found out that my pay is actually less than what's shown in the LCA. (4K less than whats shown).

 

Would this be an issue for my stamping?

 

Anyway to workaround this issue?

 

Thanks

Hari Kumar

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On H1, you always need to get paid at least the salary listed on the LCA.

If you get paid less, you are out of status.

If your employer doesn't want to pay you according to the law, file a complaint with DOL on form WH4.

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Hello All,

 

I work for a consulting company and was planning to go for my H1 stamping to India next month. I was gathering all my documents and found out that my pay is actually less than what's shown in the LCA. (4K less than whats shown).

 

Would this be an issue for my stamping?

 

Anyway to workaround this issue?

 

Thanks

Hari Kumar

there is no other way

 

minimum lca amount should be paid

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It will be an issue. First check with your employer why it is less. If the reason is proper you can say the samething to VO else you can say that you were on vacation.

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It will be an issue. First check with your employer why it is less. If the reason is proper you can say the samething to VO else you can say that you were on vacation.

Do not suggest OP to lie. There is no unpaid vacation on H1B by being in US. VO can check his immigration recored whether OP was abroad on vacation to justify salary less than LCA.

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Thanks all for your reply.

 

I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? 

 

Please advise.

 

Thanks

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Do not suggest OP to lie. There is no unpaid vacation on H1B by being in US. VO can check his immigration recored whether OP was abroad on vacation to justify salary less than LCA.

I didn't mean to suggest OP to lie. I asked her to check with her employer first. Anyway, after reading your post i have a question. When we are on vacation, we don't have to move out of the country.... right? I mean one can enjoy their vacation without going out of the country.

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Thanks all for your reply.

 

I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? 

 

Please advise.

 

Thanks

As long as you are compensated and get the salary mentioned in LCA then you are fine.

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Thanks all for your reply.

 

I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? 

 

Please advise.

 

Thanks

This is a serious issue, its good that your employer has made the necessary changes. Salary must never be less than LCA.

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I didn't mean to suggest OP to lie. I asked her to check with her employer first. Anyway, after reading your post i have a question. When we are on vacation, we don't have to move out of the country.... right? I mean one can enjoy their vacation without going out of the country.

 

If you get paid during the vacation, yes.

You can not be on unpaid vacation in the US.

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One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India?

 

Really appreciate everyone's time and response.

 

Thanks

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One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India?

 

Really appreciate everyone's time and response.

 

Thanks

 

A bonus doesn't count as salary for the LCA purposes.

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One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India?

 

Really appreciate everyone's time and response.

 

Thanks

Bonus is not your salary and its not mentioned on your LCA.

LCA contains just your yearly salary.

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One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India?

 

Really appreciate everyone's time and response.

 

Thanks

A bonus or incentive does not count as a salary for LCA.

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A bonus or incentive does not count as a salary for LCA.

Hi All,

 

I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount?

 

Please suggest me.

 

 

Thanks,

svm

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Hi All,

 

I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount?

 

Please suggest me.

 

 

Thanks,

svm

The employer has to pay you your correct salary. Period.

If he doesn't, file a complaint with DOL on form WH4. The DOL will make the employer pay you according to the law.

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Hi All,

 

I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount?

 

Please suggest me.

 

 

Thanks,

svm

Employer has to show it as your salary and nothing else.

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Hi All,

 

I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount?

 

Please suggest me.

 

 

Thanks,

svm

There should be a way, but why your pay was less than the promised salary??

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Hi All,

 

Like I said earlier, I have been paid less than that is showed on LCA. From Oct 2014 my employer paid $351 less. I spoke to my employer about this and later this month(Feb-2015) they ran three separate pay checks as PAY ADJUSTMENT for October, November and December each of $351(difference amount). So, now I have two pay stubs for each month (Oct, Nov and Dec) . Is that okay? Does it create any problem if I go for stamping.

 

Thanks for you time.

 

Regards,

SVM

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