Ajith Kalluri Posted November 6, 2017 Report Posted November 6, 2017 Hi I am currently working for employer B in the US. I recently moved to this company in June 2017. Previously I used work for employer A, who initially applied for my H1-B visa in April 2015 and got it approved and stamped. Employer B applied for my H1-B transfer and it got approved. I recently found out the rate of pay on my LCA was higher than what I am getting paid. LCA wage is $15000 more than what I am getting paid now. After talking to HR, I realized that they filed my H1-B petition with incorrect job description and incorrect LCA. I have been in this situation from past 6 months. My employer is not willing to pay me whatever LCA is calling for. Can anybody tell me what should be my course of action here? Has anybody dealt with similar situation previously?
JoeF Posted November 7, 2017 Report Posted November 7, 2017 The employer has to pay the salary listed on the LCA. When they signed the LCA, they promised the government that they would pay that salary. They can't back out of that. They can of course file a new LCA with a lower salary. But until that's approved, they have to pay what's listed on the LCA. If they don't, you are out of status. You can file a complaint with DOL on form WH4.
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