Avvi Posted February 13, 2013 Report Posted February 13, 2013 Hi All I Need some advice regarding the below situation I am currently working for company A and got an offer from company B lets say for 100, 000. I have accepted the the offer and company B applied for H1 transfer. I learned today from company B that the LCA and the H1 is filed with a wage of 65000 (state minimum). When I questioned about the difference in the wage i. e actual offered (100000) vs filed (65000) I was told it doesn't matter and once I join the company my pay stub and tax deductible will run according to the pay of 100000 !! My questions is can a company do like this ? and will it effect my visa stamping when I go to India . Please advice
rahul412 Posted February 13, 2013 Report Posted February 13, 2013 My questions is can a company do like this ? and will it effect my visa stamping when I go to India . Please advice Can do, but in your case the difference is VERY VERY BIG. One of my friend got struck during the interview because of this issue.
optimust Posted February 13, 2013 Report Posted February 13, 2013 thats normal if you are consultant... no big deal.
wiweq Posted February 13, 2013 Report Posted February 13, 2013 thats normal if you are consultant... no big deal. How did you figure out that OP is a consultant?
Avvi Posted February 13, 2013 Author Report Posted February 13, 2013 Thank you for the replies! Adding to the case.. my current LCA through company A is more than 65000 and my visa stamping will be the first H1 B stamping from F1-OPT-H1B Still very confused if I should go ahead with the offer. Any more advice?
optimust Posted February 14, 2013 Report Posted February 14, 2013 How did you figure out that OP is a consultant? I am pretty sure he is. This situation usually occurs when someone is a consultant. Imagine if he doesn't have a project, he can screw his employer for $100,000 and 65,000 is any day better than that.
t75 Posted February 14, 2013 Report Posted February 14, 2013 No one can advise you. The reputation of the company is very important. It is better to work for a good (guaranteed and legal) $65K than a promised and unpaid, illegal $100K
wiweq Posted February 14, 2013 Report Posted February 14, 2013 " Imagine if he doesn't have a project, he can screw his employer for $100,000 and 65,000 is any day better than that." => If offer letter says $100k, the employee HAS to get this money unless the employer hasn't announced anything before the change, no matters what is on LCA. Also, if they say $100k on offer letter/ HR files and $65k on LCA they are anyway falsifying the facts in immigration matters. This is a crime. Better to stay away from these fraud employers and report them to DOL and ICE. I am also pretty much sure they have tricked the LCA responsibilities too to make the prevailing salary lower.
itsmeusa Posted February 14, 2013 Report Posted February 14, 2013 Hello, I think this should be ok. I am a consultant and on H-1B and my salary is almost double than what's stated on LCA. I went thru 3 H-1B extensions and 1 H-1B visa stamp (in Jan-13) and that never popped up as an issue. Consulting companies or for that matter any other company, choose to state less salary on LCA for the reason out of your control like bench period. They could still manage to pay you $65000 rather than paying you higher salary like $100,000. In interview, issue arises when your actual salary is less than what's stated on LCA.
Avvi Posted February 14, 2013 Author Report Posted February 14, 2013 Thank you guys! Looks like I should say no to this offer. Now, the only question I have is, the H1B transfer is in process (employer B has spend money and filed the H1B) and now informing employer B that I am no more interested in the offer will put me in any trouble? As earlier, thank you again for helping me out here!
optimust Posted February 14, 2013 Report Posted February 14, 2013 Did you even understand what my point is? What if this guy is not able to get a project? Why would his employer pay him then? Usually the wage is lowered down on LCA to take care of that delta. Right now he has no time to find another employer and file H1. Probably, this is his best bet. And don't even force me to talk about fraud employers. There is not a single employer in this world who hasn't done fraud. I have worked FT for 3 companies and I know what they do. Why is there a EVC culture in States? Have you ever thought about this profoundly?
itsmeusa Posted February 15, 2013 Report Posted February 15, 2013 I would not say no to this offer due to this technical point which has some reasons which you are not aware of. The only drawback which may pop up if relations get messed up is this company starts paying you exactly what's mentioned in LCA and you can't even object to it or complain to DOL.
wiweq Posted February 15, 2013 Report Posted February 15, 2013 Why is there a EVC culture in States? Have you ever thought about this profoundly? There is no problem with the EVC model. It might be a good model for USA, industries and USC/ GCs. In this model, everyone in the series gets their own cut. Its just that EVC model doesn't fit with H1b requirements. That's it. H1bs should avoid EVC and employer-employee relationship is not clear in this model. It's very seimple to understand. Once one gets the GC/ EAD good to do with EVC model !!
Avvi Posted February 22, 2013 Author Report Posted February 22, 2013 Thank you all for your comments/suggestions. My H1 B got approved with the new company and the new company is also ready to match up my LCA with the offered salary by updating my LCA. Is this feasible, can a company who just filed a H1 and got approved, update the LCA with a new salary. Thank you for your help.
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