Base salary less than LCA

[enigma987]

Right now I am working in US on my OPT. My H1b petition is approved and I have to go to India for my Visa Stamping in October.

I am in sales role so I get base pay and variable pay as my total salary. My base pay is lower than the LCA salary. For the first year of employment my employer has guaranteed me part of my bonus and because of this my guaranteed pay for first year is more than the LCA.

Will I face problems in visa stamping? My pay stubs only reflect my monthly base salary as I will get my bonus in 6 months. My HR is telling me not to worry as my guaranteed pay after combining the bonus is more than LCA. My offer letter states my base salary and variable pay separately.

What should I do?

Thanks!

[JoeF]

From the H1 start date on, you have to get paid at least the LCA salary. That has to be the base salary, without any bonus.

[omshiv]

Of course u'll have problems

[Guest]

base salary should be more than LCA...bonus and all don't count I believe..

[enigma987]

Thanks! what can I do to avoid problems?

My immigration departments keeps telling me that as long my guaranteed pay is more than LCA it should not be an issue. Additionally, from H1 start date, even if they agree to pay me more than the LCA salary, what documents will I need to prove it to the visa stamping officer?

[enigma987]

From the H1 start date on, you have to get paid at least the LCA salary. That has to be the base salary, without any bonus.

Thanks! what can I do to avoid problems?

My immigration departments keeps telling me that as long my guaranteed pay is more than LCA it should not be an issue. Additionally, from H1 start date, even if they agree to pay me more than the LCA salary, what documents will I need to prove it to the visa stamping officer?

I  have a letter that totals my base and variable and says this is approximated at 100% payout. Will this be enough?

[JoeF]

 

Thanks! what can I do to avoid problems?

My immigration departments keeps telling me that as long my guaranteed pay is more than LCA it should not be an issue. Additionally, from H1 start date, even if they agree to pay me more than the LCA salary, what documents will I need to prove it to the visa stamping officer?

I  have a letter that totals my base and variable and says this is approximated at 100% payout. Will this be enough?

 

From the H1 start date on, the BASE salary has to be at least the amount listed in the LCA.

If the company doesn't want to do that, find another employer.