H1B Pay Stubs/ LCA/ W2 Mismatch Ottawa Canada

[Sunnykharbanda]

Hello Everybody,

 

I would need some of your expertise to resolve my Dilemma.I have been working in US on an H1B for past one year. A Month before from now, i realized that I was being paid about $2000 less than the actual LCA salary. I brought it to my HR notice and they raised my salary to the LCA salary and paid my back dated salary for one year in lump sum.it was a clerical Mistake.I am in Dilemma regarding these two following options as i need to go for stamping

 

 

1. Go for H1b Stamping this year in NOV/DEC. I will have about 4/6 updated paychecks  to prove that i get a salary as per my LCA. I am scared also because i know as per rules, company had to pay me salary from the day H1b started, but they did not.My latest W2 shows last year salary which is less than H1B/ LCA.

 

2.Go for H1B stamping in next year Jan/Feb after New W2. The new W2 will show that updated salary and that will hopefully avoid the questions relating to my salary earlier.

 

My Preference will be to go as early as possible, but at the same time, I am not sure how risky is itCompany is willing to give me a letter about mistake and how they fixed it.

 

Thanks

[rahul412]

My Preference will be to go as early as possible, but at the same time, I am not sure how risky is itCompany is willing to give me a letter about mistake and how they fixed it.

 

 

If your company is ready to provide the documents then you are good to go man..!!!

[ajaysharma]

Have your updated paychecks, a letter from the company explaining this was just a clerical error, and if this issues comes up at all, then explain clearly what happened.

 

One of the golden rules of interview with law enforcement, immigration etc. is don't volunteer information unless you're asked.

 

I would imagine only a very unreasonable VO would refuse to accept the explanation that this appears to be no fault of yours (apart from realizing it so late...)