H1B Visa Stamping - LCA - Jamiaca

[TusharAmbre]

Hi Guys,

 

I have a Visa Interview scheduled for 2nd Dec in Kingston Jamaica for first time H1B Visa Stamping.

 

My Scenario;

 

Completed MS from USA and was working with a consulting company (Employer 1)from July 2011 as a Analyst. I made a move to another employer Employer 2 in Jan 2013 and I have been with the (Employer 2) employer since then. Employer 2 filed my H1B on my current client and I have received a LCA for the same. 

 

Note: I changed employer being on the same client. I had started working for this client since Aug 2012.

 

However, couple of people who have been in Canada also mentioned that you need a LCA while working on OPT and OPTX. My Employer 1 however, never filed a LCA for my earlier client. 

 

Is that an issue? 

Does the Visa Officer ever look for an old LCA? Also when they want to verify your salary, do they check W2 and LCA or do they verify Paystubs and LCA?

 

I would really appreciate a quick response from someone who knows anything of this scenario.

 

To Summarize:

July 2011 - Dec 2012: Employer 1 (No LCA filed). Have got all the W2's and tax returns.

Jan 2013 - Present: Employer 2 (H1B - Petitioner, have got LCA (no W2 since we file tax return only in 2014 for the year 2013)

 

July 2011- June 2012: Client 1 (Do I need a LCA here?)

Aug 2012- Present 2013: Client 2 (H1B files on this client)

 

Do we need a LCA from my OPT employer? What should I do if I don't have one?

 

Greatly appreciate your response.

 

Thank you!

Tushar

[nik125]

You do not need LCA while you are working on OPT.

LCA is requirement for H1b only. you have LCA for H1b becasue without LCA employer can not file a H1b.

So you do not have to worry about anything related with LCA.

Chill now !!1 and all the best !!!

[ramkashyap]

Every employer should file for an LCA for every project even though you are with the same employer. If you are not on H1B some employers take it easy to file an LCA and I assume that is what might have happened in this case.

 

If asked for proof of employment, W2s and Pay stubs should suffice in most cases. If LCA is requested, you can say something like "Employer took care of LCAs during the OPT period". That is what happens for everyone. For instance, a US Citizen will not be given the LCA even though the employer files for one. We are given the LCA that is used during the H1B filing only (new/amendment/renewal).

 

I personally feel that there is not a lot to worry about in this situation but it is what it is. You cannot fix the past.

[maverickp]

Adding to what has been said above, do take all pay stubs (from both clients, both during your OPT and since your H-1B kicked in), as well as your W-2s, and most importantly, your tax returns (a copy of the 1040 EZ form you filled out when you were on H-1B, if that applies to you, and a copy of the 1040 NR-EZ form for federal taxes that you filed while on F-1 and OPT/OPT Extension).

Also, my advise is to go back to your W-2 from your OPT, when you were working with Client 1, and keep in mind your annual and monthly salary figures during that time. I don't know about other consulates, but here in Kingston, almost everyone is being asked the monthly/annual salary as per the LCA and the actual monthly/annual salary. Even though you were on OPT earlier, you can still be asked about that monthly/annual salary when you were working for Client 1 on OPT, just to compare it to your present salary on H-1 and your LCA salary. If the OPT salary amount is too low compared to your current salary and/or the salary as per your LCA, you should also be prepared to explain why that is so, especially if you're with the same client now, or working in a similar role/position on your H-1 as you were during your OPT.

[TusharAmbre]

Thanks Nik125, Kashyap and maverickp for the prompt replies.

 

@Kashyap -  "Employer took care of LCAs during the OPT period". Do you think this might arise questions in th emind of teh visa officer regarding the old employer and his company details. If so will an experience letter and the offer letter from the old employer suffice?

 

@maverickp - I haven't yet filed tax for 2013 (which will be of course in 2014), which means I do not have tax returns for 2013. Now you did mention that I need to carry my tax returns from 2011 and 2012. I am fine with that, but there is one small problem. While working with the first client, I used to get 3/4th of my salary from my employer 1 and 1/4th of my salary use to come from my vendor 1 as a direct deposit. This was a necessity from the client 1. Do you guys think this is OK? Will there be any issue? Any additional documents I would need to show the officer on this one. I am not getting any document from  my vendor 1 who use to give me a 1/4th salary. Will I need anything from them?

Thank you! 

[maverickp]

Since you got your salary in 2 parts (3/4th from the employer and 1/4th from the vendor), you must have been issued 2 W-2s every year, right? So get both of them.

For how to deal with the questions on that part, I'll defer to the more senior members here, I am not knowledgeable enough.