employer paying less than LCA will there be any problem

[rnsid9]

my LCA is for 60k but my employer is paying me 50k $25 perhour (as he says my billing rate in this project is too less)

I'm planning to change my employer

but will there be any problem for me in future petition approval,extensions, visa stamping or GC process due to this payment less than LCA

[JoeF]

On H1, you need to get paid at least the salary listed on the LCA.

The billing rate is not your problem. The employer has to pay you according to the law, no matter what.

If the employer doesn't want to pay you as per the law, file a complaint with DOL on form WH4. The DOL will make the employer pay you properly.

[wiweq]

Paying less than LCA prevailing wages is illegal. This makes you out of status. It doesn'r matter how employer manages the money for your salary.

Report to DOL, ICE. You should use form WH4 on you state's DOL site.

Remember, ignorance is not an excuse. You need to report otherwise consider yourself partner in crime.

[rangadu]

It will be an issue whenever you have a new USCIS petition or visa stamping.

Find another employer and switch as soon as possible. Remind your current employer that it is against the law to pay less than LCA.

Contact an attorney to see if it is a good idea to file a complaint with DOL for lost wages for the difference between LCA and your actual pay.

[optimust]

Find another job and then file a complaint to DOL.

[wiweq]

"Find another job and then file a complaint to DOL."

=> OP can file complaint even while working for the same employer. Retaliation is not allowed in USA. Moreover, his job will be covered by whistleblower law.

[optimust]

why are you trying to bring the law in every situation? i am just giving him a better option. I know he is covered through whistleblower but that's like sleeping with your ex.

[JoeF]

why are you trying to bring the law in every situation?

Because the law is what matters.

i am just giving him a better option.

What you suggested won't work.

A person who is out of status, like the OP, can't even get an H1 transfer approved.

The WH4 has to come first. The rules for the WH4 allow to file an H1 transfer when a WH4 is pending, even if the person is out of status, e.g., due to not getting paid properly.

Hence, filing the WH4 first and then changing employers is the only possible way.