Salary question for H1 Stamping

[H1Slaves]

Hi All, I'm on EVC model. My LCA and I 129 has X amount as salary but I get paid Y amount which is higher than X. My employer is running the rest of the diffrerence as bonus in each pay stub. My questions are:

 

1) Accroding to rules, LCA amount should be my salary. IF VO asks why my pay is higher than LCA, I can say bonus but not sure if its believable.

 

What are your experiences when you were asked this question?

 

Please dont say that tell the truth, because the truth is my LCA salary is not my salary and what says bonus on my pay check is not really bonus.

i work on % basis where I only get paid for the number of hours I put in. If I were working as FT, I wouldn't have to come to this forum.

 

Thanks!

 

[JoeF]

Well, your salary can be higher. It just has to be AT LEAST the salary listed on the LCA.

And of course, you ALWAYS have to say the truth.

[Guest]

your salary can be greater than LCA...and this is good...

don't tell all this % matters to VO, i know that is how its in consulting though....if u paid more but if its same every month, u should be fine..

it should not be like u receive X amount, Y amount another month etc etc...

[omshiv]

You have to tell the TRUTH no other way. If you get paid more with this Client then just mention that...how difficult is that? Its not wrong to get paid more. But it wil be if you get paid less.

 

So relax.

[H1BJourney]

Even i'm in same situation.

We can say like this:

I'm putting additional skill through out this project and it needs some homework.

My employer said he like to pay this bonus as long as i'm in this project.

 

Does this makes sense?

[itsmeusa]

In my experience and reading forum posts, I don't think, VO would ask you why your salary is more than what's stated in LCA. Your actual wages should definitely be equal or more than your LCA wages.

 

You would get question on salary from VO - for getting salary less than LCA wages.

 

Please do not mention % to VO, they don't get that. Not even, I have more skills and get paid bonus etc. etc.

 

I wouldn't worry a bit. I stamped my H-1B in Jan and my actual pay is almost 50% to 60% more from what's stated in LCA. And VO didn't ask me any question on salary...

[H1Slaves]

Thanks everyone. Really appreciate your time.

[Guest]

even my salary is 50% more than what is in LCA...i talked to my employer and they said they always file LCA with minimum wage for the state according to the rules..

 

In my experience and reading forum posts, I don't think, VO would ask you why your salary is more than what's stated in LCA. Your actual wages should definitely be equal or more than your LCA wages.

 

You would get question on salary from VO - for getting salary less than LCA wages.

 

Please do not mention % to VO, they don't get that. Not even, I have more skills and get paid bonus etc. etc.

 

I wouldn't worry a bit. I stamped my H-1B in Jan and my actual pay is almost 50% to 60% more from what's stated in LCA. And VO didn't ask me any question on salary...

[tirath5u]

Yes. LCA should state no less than the minimum wage required for H1B Visa. It can be higher due to many reasons like overtime, promotion, payment increment due to contractual agreement. etc. So, say the truth. I am on Full Time employment and my salary is still higher than LCA.