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bhalderia

Is is required to maintain same salary in H1B which is mention in LCA ?

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Is it always required to maintain the same salary mentioned in LCA ?

I have approved H1-B. 

In my scenario in LCA the pay salary is mention is 60K per year and previlledge wages is defined 50K per year.

 

Is it okay if I maintain H1-B yearly salary same or more than previlledge wages (which is 50K ), but it is less than 60K pay salary defined in LCA ?

 

So if I maintain around 55K pay stuff per year would be fine ?

 

Or I have to mandetory maintain pay stuff atleast same or greater than pay salary defined in LCA which is 60K per year.

 

 

Please reply. Thank you. 

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Thanks for response but you mean,  In my scenario in LCA the pay salary is mention is 60K per year and previlledge wages is defined 50K per year. So is it LCA pay Salary needs to maintain 60K in my example, please clearify. Thank you in advance.

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prevailing wage means average pay for that occupation in the area of employment.

LCA means  what your employer has promised to pay in the H-1B application. Employer has to keep that promise since approval is based on that application.

Your employer needs to maintain conditions of LCA  so it is not your job to worry about such matters. Is there more to the story?

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What is unclear about my answer?

The employer promised to pay the salary listed on the LCA. He has to keep that promise.

That the salary listed on the LCA is higher than the prevailing wage is irrelevant.

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Thanks , I still have few more questions,

In my scenario in LCA the pay salary mention is 60K per year.

My understanding it means gross salary before any standard deductions ( social security tax, medicare ) , Correct ?

Is it required to maintain gross salary exactly prorated each month

(  In my case 60K per year means monthly gross needs to maintain exact 5K ) 

Or if my monthly gross varies little each month and by the end of year if it is equal to 60K, than is it Okay . Correct ?

Please let me know your comments.

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The salary per paycheck has to be pro-rated. That means if you get paid monthly, each paycheck needs to be at least 1/12 of the yearly salary as listed on the LCA. It can't be less one month and more the next one.

You can always be paid more, but never less than the pro-rated salary.

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Gross salary means 60 K per year. So you must get minimum 5K gross pay each month. Deducting fed, state and local taxes, medical, 401K would bring it to @ 3.5K net pay/ direct deposit ( 70% of gross pay).

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