H1B Salary reduction due to COVID-19.


yubeie

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I have a messy problem & I'm a bit worried. I'm working with my employer's HR and the attorneys but I wanted to also get a second opinion.


Recently, my H1B ext. got approved for the next 3 years. Unfortunately, we found out that the wage rate & PWR was incorrect in the LCA. This was a filing error. My total comp constitutes base+variable pay. Instead of using the base salary for wage determination, total comp was used and prevailing wage was incorrectly determined as L4 while it should have been L3.
Additionally, due to COVID-19, now my employer has decided to reduce salaries (temporarily with no end-date as yet) company wide.

As a result, my base salary is down to L2. The company will be filing an H1B amendment in a few days.


1. In this case, does the change from L4 to L2 (in reality it should have been a drop from L3 to L2) pose any major risks? Please note that the reduced L2 salary is ~$7K less than L3 and still substantially higher than L1 for my area and SOC code.
2. What would happen if this amendment gets denied, would my approved extension still be valid if the employer decides to honor the wage rates mentioned.

Please let me know if there are any other alternatives.

P.S: I've been with my employer for more than 12years and full time employee. 

Edited by yubeie
grammer
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As long as the employer is paying you as per the LCA that was filed you should be fine. One other option is to change the position to a different role and file an amendment. If your attorney is not sure, you should consult an experienced firm.

Even if the amendment is denied the original H1 should still hold good in most cases. 

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