W-2 amount lower than LCA petition amount

[gramesmith]

Hi guys,

Need a little advice. I am working for my employer on H-1B since December 2011, my W-2 amount for the year 2012 is almost $2,000 lower than LCA petition amount and I realized this very recently.

I contacted the employer about this and the difference was reimbursed in 2013. I have read in the online forums that the petition amount cannot be less than the W-2 amount.

Would I be asked questions about this difference when I go for H-1B stamping, would it be alright if I tell them the truth, kind of worried about this.

Please do let me know if you were in a similar situation before or if you know someone who had a similar experience.

[omshiv]

why was it less in the first place?..im hoping it shouldnt be an issue as long as you tell the truth...Good Luck.

[Veera1]

there are more chances to ask you this question as they mainly ask these two documents to compare LCA with W2.

Just tell them truth but are those wages you got less than w2 was for whole year or are you on vacation/bench in that year?

[gramesmith]

why was it less in the first place?..im hoping it shouldnt be an issue as long as you tell the truth...Good Luck.

there are more chances to ask you this question as they mainly ask these two documents to compare LCA with W2.

Just tell them truth but are those wages you got less than w2 was for whole year or are you on vacation/bench in that year?

Thanks for the reply guys.

The Wage Rate box (box F Rate of pay) in the LCA petition has the range of $60,000 to $90,000 and the Prevailing wage is $52,146.

My W-2 amount is about $68K for 2012 but the I-129 petition has listed my salary as $70,000 per year. This is where I am worried.

I was working through out the year. My employer thought that the I-129 petition amount includes the bonus amount and they gave an approximate amount of $70,000 per year in I-129.

Should my W-2 match the LCA petition or the I-129?

[JoeF]

You need to get paid at least the salary listed on the LCA. That's salary without bonus.

[gramesmith]

You need to get paid at least the salary listed on the LCA. That's salary without bonus.

Thanks for the reply. The LCA petition that I have specifies the range of wages (From 60,000 To 90,000) and the prevailing wage. I do not see any fixed wage specified in the LCA petition, could you let me know which amount I should be comparing the W-2 with...

Thanks again.