Have MS in US but employer mentioned only Bachelors during Filing

[rajkiranravula]

Hi

I have MS from very reputed University in US, by mistake my employer has not mentioned in the petition. However, he has mentioned my stay in USA to be on F1. Now, I am planning to go to Visa stamping to India with the I797B approval notice (My OPT is valid till 2013 so status is fine). My question is will there be any problem in visa stamping process If I say that I have Masters? (The weird thing is my Employer has done something stupid by mentioning that I am in USA and applied as fresh petition and USCIS has approved it). In addition, the pay mentioned on my LCA is less than what I am drawing, what pay should I mention during stamping. (LCA has satisfied the minimum requirements for my location and my grade).

Can any answer to the questions.

Thanks

Raj

[quest2010]

I think the facts should be corrected and USCIS needs to be updated of the correct information by filing an amendment to the petition. The visa officer might end up giving you a 221g or something like that while verifying the facts with you. You obviously **should not** lie to the visa officer.

[rahul412]

In addition, the pay mentioned on my LCA is less than what I am drawing, what pay should I mention during stamping.

If this is the reason, then your visa will be rejected stating " your employer doesn't have enough revenue to pay you".

Getting paid less than LCA is illegal and breach or h1 rules.

[mitsu3000gt]

No, you shouldnt have any problem if employer doesnt mention your masters in your application

Yes, your pay can be higher than LCA. In other words, yes your LCA pay can be lower than your actual pay.

[rajkiranravula]

Thanks for your responses

Actually it is misinterpreted I guess. My pay on LCA is around 10k less than what is in my offer letter. I think if my employer provides a new offer letter mentioning the amount on LCA to be my pay, then, it can be justified by saying that it is overtime pay that is mentioned on pay stubs.

Correct if my analysis is wrong

[rahul412]

If this is the reason, then your visa will be rejected stating " your employer doesn't have enough revenue to pay you".

Getting paid less than LCA is illegal and breach or h1 rules.

Sorry my friend, that was my mistake. I read it incorrectly.

If your pay is more than LCA then you are good to go...and also like you have said, make sure your salary is consistent in all the documents.....!!!!

[mitsu3000gt]

you dont need to change anything..offer letter or pay stubs can always more than LCA pay...