ab12 Posted October 12, 2017 Report Posted October 12, 2017 I am currently working in US and my status changed from F1 to H-1B on 1st October. My current salary is more than the LCA prevailing wage but less than the LCA wage mentioned in section F. Hence, my monthly paycheck will account for a salary that is less than mentioned in LCA wage section F. Will this cause an issue while going for visa stamping? Or as long as the salary is above prevailing wage it's okay?
JoeF Posted October 12, 2017 Report Posted October 12, 2017 In H1, you have to get paid the salary listed on the LCA, which always has to be the prevailing wage or more. When the employer filed the LCA, they promised to pay you the salary listed there.
gopalakrishnach Posted October 13, 2017 Report Posted October 13, 2017 Having actual pay more than LCA is not such big problem. I had same scenario got 221G and got cleared in a week in Vancouver Canada this year. But actual pay less than LCA is serious issue. LCA is the amount your employer agreed to pay you and if he/she is not paying that amount paying less than that amount is serious issue.
ab12 Posted October 16, 2017 Author Report Posted October 16, 2017 On 10/12/2017 at 10:00 PM, JoeF said: In H1, you have to get paid the salary listed on the LCA, which always has to be the prevailing wage or more. When the employer filed the LCA, they promised to pay you the salary listed there. Thanks for the answer! Is it okay if I was paid less than LCA while on F1-OPT and paid the salary listed on LCA after my status changed from F1 to H-1B?
ab12 Posted October 16, 2017 Author Report Posted October 16, 2017 On 10/13/2017 at 11:26 AM, gopalakrishnach said: Having actual pay more than LCA is not such big problem. I had same scenario got 221G and got cleared in a week in Vancouver Canada this year. But actual pay less than LCA is serious issue. LCA is the amount your employer agreed to pay you and if he/she is not paying that amount paying less than that amount is serious issue. Thanks for the answer! Is it okay if I was paid less than LCA while on F1-OPT and paid the salary listed on LCA after my status changed from F1 to H-1B? Or will it cause a problem in H-1B stamping? I will have few paytsubs issued after I was in H-1B status by the time I go for stamping.
gopalakrishnach Posted October 16, 2017 Report Posted October 16, 2017 27 minutes ago, ab12 said: Thanks for the answer! Is it okay if I was paid less than LCA while on F1-OPT and paid the salary listed on LCA after my status changed from F1 to H-1B? Or will it cause a problem in H-1B stamping? I will have few paytsubs issued after I was in H-1B status by the time I go for stamping. After you had H1B status your actual pay must be equal to or more than LCA but certainly not less...
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