Salary Cut

[katsuki23]

I am currently on H1b with my employer. On my LCA, my lawyer had put down computer programmer with 50K/yr salary, but due to economic reason, my employer who is a small business owner won't be able to afford that. We are trying to come up with the best option to keep me on my H1B and at the same time reducing my salary. If he gives me a salary cut, my wage would be below the level 1 wage for computer programmers in the state I am in shown by flcdatacenter.com. What would be the best option to do this?

1. File a new LCA and ammend H1B? Are there any fees involve in doing this? Is it ok to file a new lca with a lower salary wage shown on flc? Level 1 wage displayed on FLC for a computer programmer is $24.40 hour - $50,752 year. According to FLC "The prevailing wage must be at, or above the federal or state or local minimum wage, whichever is higher. The federal minimum wage is $7.25/hr effective July 24, 2009." Does that mean my employer can file for a computer programmer with a salary or $15-20 instead? or

2. File a new LCA and a new H1B for a different/lower position than a programer?

Also, for filing the tax for this year is there a wiggle room for the $50k W2?

[JoeF]

You always have to get paid at least the prevailing wage listed on the LCA.

If your job description changes, i.e., what you do changes, then you need a new LCA.

A salary cut below the prevailing wage is not allowed.