LCA Questions-Pay type and Fulltime position


Recommended Posts

Hi guys i have few question regarding my LCA, hopefully i can get some answers here.

1. On LCA there is a section which says "Is this a full time position?" mine is selected to NO.

is there an issue with that ? My LCA wage says i am paid on per/hour basis (that is ok, as long as you work full time hours)

2. While I was on OPT (before LCA was filed) i joined my employer and started working on project at end of may(2011), now when i calculate the salary from may to dec 2011 its little less that listed in LCA (but LCA wasn't filed by then i guess--I was on OPT). But my current W2 (2012) have higher pay than that listed in LCA (full 2012 pay). Got my H1 done last year.

Need some inputs, is this an issue.

Thanks in advance

Link to comment

Typically, LCA's designated part time are filed for part time employment. It is problematic when a part time LCA is filed for a full time position, or even a position where hours worked can be up to full time. It may be necessary to contact a qualified immigration attorney to determine legal options and steps to ensure maintenance of status.

Link to comment

How many hours/week does the LCA specify?

hi Joe,

I have parsed the LCA completely and haven't come across any hour/week details. Am i missing it somewhere ?

Does that mean that its a consulting position allowed to work 40 hours. When i asked my employer they said that don't worry our documentation is all fine and our company has no bad track record, so you should be good to go. The only fear i have is about there 2 questions, i'll appreciate if you can guide me.


Link to comment


It took couple of days to contact my company attorney I have checked with him and he said that its OK to have this range, since few of our clients need consultants to work less than 20 hours on non critical projects and we want to fulfill that also, its been approved. This is the reason they file our part time LCA and we can work upto 40hs/week but no less than 10hr/week as to be in status and get paid the minimum amount written in the LCA.

Link to comment


This topic is now archived and is closed to further replies.