LCA Salary vs Real Salary

[Guest]

Hello

 

I have a question regarding mentioning salary when asked by VO.

 

Lets say in our LCA, salary is mentioned as $60,000

But you may be paid more than that, say $120,000 (depending on our project bill rate if in consulting)

 

So, when VO asks for annual salary, should we say $60K or $120K?

 

In pay stubs, it clearly shows monthly salary in $10K.

 

Please advise.

 

Thank you

[JoeF]

Your salary is what is on your payslips.

That is what you have to state.

[omshiv]

You should answer the truth.

[sudheer339]

I too, had the same question.

My LCA salary says 60,000 plus company standard benefits., but my real annual salary is 85000 (It clearly reflects in my pay checks). Don't know how to answer this question exactly?

 

But my employer argument was like this,

According to INS wages,  the company was supposed to pay 65000 but it pays you 85000, because of your performance of the work at the client site.

[JoeF]

The salary listed on the LCA is the minimum you have to get paid. It is perfectly ok to get paid more, and you need to tell the VO your actual, REAL salary.

[Guest]

You should answer the truth.

i know i should the answer the truth...

[Guest]

Your salary is what is on your payslips.

That is what you have to state.

thank u...will do that...

can u suggest me how to justify more pay?

 

Im a consultant, so based on what client pays, my pay keeps changing...if client pays more, im paid more and vice-versa.

[JoeF]

thank u...will do that...

can u suggest me how to justify more pay?

 

Im a consultant, so based on what client pays, my pay keeps changing...if client pays more, im paid more and vice-versa.

Then say that.

[rahul412]

thank u...will do that...

can u suggest me how to justify more pay?

 

Im a consultant, so based on what client pays, my pay keeps changing...if client pays more, im paid more and vice-versa.

If that's the case then what will be your pay when you are on bench??

[MAK07]

thank u...will do that...

can u suggest me how to justify more pay?

 

Im a consultant, so based on what client pays, my pay keeps changing...if client pays more, im paid more and vice-versa.

 

When you come H1-B program you need to have fixed base salary with your employer period !! . e.g: if your H1 start from Oct you need to ask employer to run the paycheck for certain amount ( 90k or base on your experience / pay rate / ect  ) and the remaining amount can be taken as a bones /benefits, this can taken @ yearly ending or every 6 months

[Guest]

If that's the case then what will be your pay when you are on bench??

if on bench, it would be the minimum pay as per LCA. Max differs with my project. any issues with this?

[rahul412]

if on bench, it would be the minimum pay as per LCA. Max differs with my project. any issues with this?

So that will be your Pay. Not what the one which client pays to your employer.

So in the interview, you have to mention LCA salary.

[JoeF]

So that will be your Pay. Not what the one which client pays to your employer.

So in the interview, you have to mention LCA salary.

Sorry, but that's wrong. A person always has to state the actual salary. The officer could look at the W2 and see the difference.

With this (rather shady) agreement here, the OP will have to explain that agreement. It may result in problems.

That's one reason why these percentage agreements are rubbish. There always has to be a large fixed part, since the person always has to get paid the LCA amount. Percentages can only be on top of that.

[rahul412]

Sorry, but that's wrong. A person always has to state the actual salary. The officer could look at the W2 and see the difference.

With this (rather shady) agreement here, the OP will have to explain that agreement. It may result in problems.

That's one reason why these percentage agreements are rubbish. There always has to be a large fixed part, since the person always has to get paid the LCA amount. Percentages can only be on top of that.

Let's forget about the agreement, if the employee is getting the minimum salary that mentioned in the LCA then I guess he is getting paid according to the rules. And in this case, he is.

[Guest]

Let's forget about the agreement, if the employee is getting the minimum salary that mentioned in the LCA then I guess he is getting paid according to the rules. And in this case, he is.

@Rahul412 - I am always paid above my LCA amount. Addition to that will be based on project rate client pays my employer.

 

@JoeF - I dont see anything shady. employer is trying to pay major amount to his employee in what he is getting from the client. whats wrong in this?

Lets say he is getting $100/hr, he may pay $80/hr....if he is getting only $60/hr, he may pay less and if employee is on bench, paid as per LCA.. whats wrong with this??

 

Thank you..

[rahul412]

@Rahul412 - I am always paid above my LCA amount. Addition to that will be based on project rate client pays my employer.

 

Yes, but just make sure that you are getting paid every month consistently.

[JoeF]

@Rahul412 - I am always paid above my LCA amount. Addition to that will be based on project rate client pays my employer.

 

@JoeF - I dont see anything shady. employer is trying to pay major amount to his employee in what he is getting from the client. whats wrong in this?

Lets say he is getting $100/hr, he may pay $80/hr....if he is getting only $60/hr, he may pay less and if employee is on bench, paid as per LCA.. whats wrong with this??

 

Thank you..

What's wrong is percentage agreements. That's only appealing to greed.

The fact is that a person on H1 ALWAYS has to get paid at least the salary listed on the LCA. That can NEVER be some percentage.

A percentage can only be above that. The contract should clearly state that.

And this is not just about pay on bench. If the percentage of the billing rate is below the LCA pay, the person would also be out of status.

The preferred way is to get a fixed salary, and avoid this percentage BS altogether. Shady employers just appeal to your greed with the percentage BS.

But in the long run you are better off with a fixed salary from a good employer.

[Guest]

Yes, but just make sure that you are getting paid every month consistently.

 

I had consistent salary every month since my H1 started. It increased after 1 year of H1 and again increased after 2 years in August 2012.

But consistency is always there. Its not like I get 5K one month, 6K next month, 4K next month or so..!!

 

Is this OK?

 

My concern is - my last year W2 has less annual pay as the hike started in August...But from then on I am paid more but same every month

[rahul412]

I had consistent salary every month since my H1 started. It increased after 1 year of H1 and again increased after 2 years in August 2012.

But consistency is always there. Its not like I get 5K one month, 6K next month, 4K next month or so..!!

 

Is this OK?

 

My concern is - my last year W2 has less annual pay as the hike started in August...But from then on I am paid more but same every month

Well you have a reason for that, no need to worry. It's not a big deal.

[Ryan1234132]

If my salary is 60k and the one on lca is 66k (wage level 2). Should i be paid 66k after my h1 approval

[JoeF]

From the H1 start date on, yes.