Grosspay less than LCA

[Visaon15th]

This probably is late for discussing this but I have this question that has been bugging me. I have my stamping date set to 15th July in Vancouver and here is my situation. My gross pay for 2012 is less than my LCA amount but here is an observation I made my gross pay for 2011 H1 tax returns is more  than necessary to compensate my LCA. Part of my tax returns for 2011 are for OPT and the remaining part is H1. So if VO asks a question as to why my gross pay is less than LCA for 2012 what possible answers can satisfy him. 

 

Is it ok for me to answer that my employer has paid me more than necessary in 2011 H1 period and that the remaining amount has been deducted in 2012 or is it plain stupid :) 

 

Please provide your valuable suggestions. 

 

Thanks and Regards,

RK

 

[jairichi]

You must be paid the salary mentioned in LCA. You can be paid more but not lesser than that. 

[rahul412]

 

 

Is it ok for me to answer that my employer has paid me more than necessary in 2011 H1 period and that the remaining amount has been deducted in 2012 or is it plain stupid :) 

 

You will be banned for life long if you got caught lying during the visa interview.

 

Your W2 pay for any year should be greater than or equal to LCA salary for that year. Getting less pay is nothing but abuse of H1 rules.Their are chances of 221g in your case.

 

If you want your visa, then you have to file a complaint against that employer for not paying you the correct salary.

[JoeF]

Your W2 pay for any year should be greater than or equal to LCA salary for that year. Getting less pay is nothing but abuse of H1 rules.Their are chances of 221g in your case.

Not just the W2 should show at least the LCA amount. The pay in each and every pay period needs to be at least the prorated LCA amount for that pay period.

In other words, if you get paid twice a month, each pay check needs to be at least 1/24 of the yearly LCA amount.

[rahul412]

Not just the W2 should show at least the LCA amount. The pay in each and every pay period needs to be at least the prorated LCA amount for that pay period.

In other words, if you get paid twice a month, each pay check needs to be at least 1/24 of the yearly LCA amount.

My understanding is that, every pay check should be consistent.

[Visaon15th]

Thanks alot for your answers but....

 

You will be banned for life long if you got caught lying during the visa interview.

 

Your W2 pay for any year should be greater than or equal to LCA salary for that year. Getting less pay is nothing but abuse of H1 rules.Their are chances of 221g in your case.

 

If you want your visa, then you have to file a complaint against that employer for not paying you the correct salary.

The reason why I got  paid less is because my end client has a rule that we need a 3 week forced vacation. But this shouldn't reflect on my W2 that was a miss on my part and employer's part. I understand lying can jeopardize my VISA but is it ok if my employer can provide proper justification to it.

[rahul412]

 

 

The reason why I got  paid less is because my end client has a rule that we need a 3 week forced vacation. But this shouldn't reflect on my W2 that was a miss on my part and employer's part. I understand lying can jeopardize my VISA but is it ok if my employer can provide proper justification to it.

Well your employer pays you not the client. If client is not paying on time that's not your problem it's employer's problem. Again, you have to get paid on time by your employer. Client is no way involved in this process.

[JoeF]

Thanks alot for your answers but....

 

The reason why I got  paid less is because my end client has a rule that we need a 3 week forced vacation. But this shouldn't reflect on my W2 that was a miss on my part and employer's part. I understand lying can jeopardize my VISA but is it ok if my employer can provide proper justification to it.

You are not an employee of the client. Whatever policies the client has can NOT have any effect on your pay. You need to get paid at least the amount listed on the LCA at all times.