Mismatch between Offer letter and H1B application salary(Offer letter salary is correct)

[H1queryA]

3 yrs back In May I have entered into US on L2, In August my H1 was approved and my status was changed to H1B in Oct. Now I am planning to visit India and I understand that before returning back I need to get my visa Stamped.

 

While preparing the application with my attorney firm, we realized that in the H1 form my per year salary is 20,000 more than my actual salary which has been paid my by employer. Actually my paid salary is matching with my offer letter. However apart from my base salary I do get paid for per billable hour if I am working on project. My last years W2 is less than prevailing salary.  I am ok with the salary I got paid. I know if I attempt to give visa interview , my visa will get rejected and my employer may face additional enquires. Is there are way to fix this issue?

If I avoid going to India, still next year I have to file for my extension.

 

Thanks,

 

[kumar_y]

Your salary cannot be less than the amount mention in the LCA and that is one of the minimum requirement for H1-b. I believe you should contact DOL if you were paid less and your employer is shady.

[rahul412]

My last years W2 is less than prevailing salary.  I am ok with the salary I got paid. I know if I attempt to give visa interview , my visa will get rejected and my employer may face additional enquires. Is there are way to fix this issue?

 

If your W2 salary is less than LCA salary then you are in trouble. Getting paid less than LCA=out of status.

The only option is to file a complaint against your employer for not paying you the exact salary. This is the ONLY option that keeps you in status and safe.

[H1queryA]

Thanks for the reply. Actually issue is H1b application has been submitted incorrectly. I think they should file H1b Amendment to correct the application. am I right?

[rahul412]

Thanks for the reply. Actually issue is H1b application has been submitted incorrectly. I think they should file H1b Amendment to correct the application. am I right?

what was incorrect?? What did your attorney told??

[H1queryA]

Salary mentioned in the Offer letter is correct. Attorney said H1 amendment wont correct or help previous status. Employer has to pay salary as per LCA. paying bonus wont help.

[rahul412]

Salary mentioned in the Offer letter is correct. Attorney said H1 amendment wont correct or help previous status. Employer has to pay salary as per LCA. paying bonus wont help.

Your attorney is right.

Again, what was incorrect in your H1 petition??

[H1queryA]

Salary, higher than my offer letter and what I am getting paid. I am not asking my employer to pay be more.

[rahul412]

Salary, higher than my offer letter and what I am getting paid. I am not asking my employer to pay be more.

If you are getting more pay then that's not a problem.

[rohang]

As of now you will be considered out of status, unless you file complain against your employer for fraud.

 

Offer letter doesn't mean anything in terms of salary (from immigration point of view), LCA is document for that.

[rahul412]

Salary, higher than my offer letter and what I am getting paid. I am not asking my employer to pay be more.

Tell me one-thing, is your current salary less or more than LCA salary??

[H1queryA]

Less

[rahul412]

Less

Then you are in trouble. Like I said earlier you should get min salary on H1 which is nothing but LCA salary. If your employer did a mistake by submitting wrong details, then that's his trouble to fix.

 

For now, you have to get what was promised by your employer on LCA. If he doesn't then filing a complaint is the only OPTION and this will keep you in status.