Wages for visa stamping

[coolhunk11]

Hello all,

I am planning to go to Kolkata India for my first time H1B stamping in November.

The current pay which I am getting isapprox $25k less than whats mentioned on the LCA. The wages mentioned on the LCA will start from Jan-2013 because thats when my Company does all the appriasals.

My question is that, will it be a problem if I go for the interview with the corrent pay stubs which shows a lower salary than whats on the LCA.

What reasioning can I provide?

If you guys thiunk this will be a problem, please advice me some options.

Thank you

[rahul412]

Hello all,

I am planning to go to Kolkata India for my first time H1B stamping in November.

The current pay which I am getting isapprox $25k less than whats mentioned on the LCA. The wages mentioned on the LCA will start from Jan-2013 because thats when my Company does all the appriasals.

My question is that, will it be a problem if I go for the interview with the corrent pay stubs which shows a lower salary than whats on the LCA.

What reasioning can I provide?

If you guys thiunk this will be a problem, please advice me some options.

Thank you

I think in LCA itself, your pay and start date will be mentioned(not sure whether it's LCA or I129). So your pay starting from that date should match the pay mentioned in LCA.

But getting paid less than LCA is an issue.

[sbalasu3]

There is every possibility that you will get your Visa denied(Unless, the VO doesn't ask for your pay stub/W2). I understand you are still in US?. If so, find a new employer who treats you well or at least who honors the promise they made on the LCA.

[coolhunk11]

Thank you for the suggestions.My H1B visa starts from OCT-1 and so what if I go for stamping in the first week of october and carry my current pay stubs. That way I can tell the VO that the LCA mandated pay will start once I go back. Do you gyus think of this being a good idea?

Please let me know.

Thank you

[coolhunk11]

EXPERTS, PLEASE RESPONSE. i NEED TO KNOW THIS ASAP/

THANK YOU

[coolhunk11]

Experts,

Please advice. I need this urgently.

Thank you

[JoeF]

You need to get paid the salary listed on the H1 as soon as the H1 starts. No but or if. When the employer signed the LCA, the employer signed a contract with the government, stating that he will pay you at least the salary listed on the LCA.

If you don't get paid that salary from the H1 start date on, you would be out of status, and you would not be able to get an H1 stamp.

[Diorsdune]

@coolhunk11 - Were you paid the the $25K <LCA salary when you were working in US.... Are you working from India? I would think your payrates & LCA is only applicable if you are working in US at the location stated in the LCA & I129..

(NOTE : I am just a user of this forum... if you provide additional relevant details.. the experts will be able to guide you better)

[coolhunk11]

Currently I am not on H1B and once my H1B starts in October I will get paid whats mentioned on the LCA. My question is will there be a problem if I go for stamping before october because my corrent salary is less than whats mentioned on the LCA AND i AM ON opt RIGHT NOW.

[kishankarla]

In your case the new LCA wages will effect from Jan. Hope you have the current wages which might match to your current salary. You can explain them, my New LCA & Wages will effect from Jan'13. Show both LCA's to them. I am also in same kind of situation & I do have two LCA's clearly stating the new wages.