salary less than Lca

[vancouvervisas]

Can someone help me about this question when VO asks why the paystub being ran is less than LCA?

[venky144]

he would verify with recent w2 whether ur pay was less than lca.....there might not be a problem if one paystub...

how is pay mentioned in lca??

[JoeF]

If you get paid less than the LCA, you are out of status, i.e., illegal.

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

Without that, stamping is pretty much impossible.

[shekar11#]

This is a very tricky situation. VO would definitely ask you this question unless you are super lucky. You have to talk to your employer and lawyer on how to answer the question before going for stamping or it will be an unnecessary headache.

[JoeF]

This is a very tricky situation. VO would definitely ask you this question unless you are super lucky. You have to talk to your employer and lawyer on how to answer the question

Have you still not learned that the ONLY answer is the truth???

Geez. You are really clue resistant.

[rangadu]

It is your pay on W2 and the year to date pay on Paystub that matters when they check if you are getting paid according to LCA. If one or two paystubs show an amount less than LCA, that is most likely ok and your employer will be able to give you the best answer if that question comes up (Usually happens when you are paid hourly and there is a long weekendin the pay period).

But if you are consistently paid less than LCA, there is no good answer other than that your employer is not paying you according to law.

Having said that, it certainly helps if you have a consistent amount on paystub which is above your LCA.