hariK Posted January 27, 2015 Report Share Posted January 27, 2015 Hello All, I work for a consulting company and was planning to go for my H1 stamping to India next month. I was gathering all my documents and found out that my pay is actually less than what's shown in the LCA. (4K less than whats shown). Would this be an issue for my stamping? Anyway to workaround this issue? Thanks Hari Kumar Link to comment
jairichi Posted January 27, 2015 Report Share Posted January 27, 2015 Yes you are in trouble, as being paid less than LCA = out of status. You need to file a complaint against employer with DOL. Link to comment
JoeF Posted January 27, 2015 Report Share Posted January 27, 2015 On H1, you always need to get paid at least the salary listed on the LCA. If you get paid less, you are out of status. If your employer doesn't want to pay you according to the law, file a complaint with DOL on form WH4. Link to comment
andhrafan Posted January 27, 2015 Report Share Posted January 27, 2015 Hello All, I work for a consulting company and was planning to go for my H1 stamping to India next month. I was gathering all my documents and found out that my pay is actually less than what's shown in the LCA. (4K less than whats shown). Would this be an issue for my stamping? Anyway to workaround this issue? Thanks Hari Kumar there is no other way minimum lca amount should be paid Link to comment
kgdesi Posted January 27, 2015 Report Share Posted January 27, 2015 It will be an issue. First check with your employer why it is less. If the reason is proper you can say the samething to VO else you can say that you were on vacation. Link to comment
omshiv Posted January 28, 2015 Report Share Posted January 28, 2015 It's an issue. Complain to DOL and change the employer. Link to comment
jairichi Posted January 28, 2015 Report Share Posted January 28, 2015 It will be an issue. First check with your employer why it is less. If the reason is proper you can say the samething to VO else you can say that you were on vacation. Do not suggest OP to lie. There is no unpaid vacation on H1B by being in US. VO can check his immigration recored whether OP was abroad on vacation to justify salary less than LCA. Link to comment
hariK Posted January 28, 2015 Author Report Share Posted January 28, 2015 Thanks all for your reply. I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? Please advise. Thanks Link to comment
kgdesi Posted January 28, 2015 Report Share Posted January 28, 2015 Do not suggest OP to lie. There is no unpaid vacation on H1B by being in US. VO can check his immigration recored whether OP was abroad on vacation to justify salary less than LCA. I didn't mean to suggest OP to lie. I asked her to check with her employer first. Anyway, after reading your post i have a question. When we are on vacation, we don't have to move out of the country.... right? I mean one can enjoy their vacation without going out of the country. Link to comment
jairichi Posted January 28, 2015 Report Share Posted January 28, 2015 Thanks all for your reply. I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? Please advise. Thanks As long as you are compensated and get the salary mentioned in LCA then you are fine. Link to comment
krishna16 Posted January 29, 2015 Report Share Posted January 29, 2015 Thanks all for your reply. I spoke to my employer about this and he mentions that the Payroll department erred my case. They were supposed to update my pay from the date I got active on H1 (Oct 1, 2014), but apparently he claims that it was a human error. He told me that he would change it immediately and even try to get the last pay amended to reflect the pay that was mentioned in the LCA. Would this suffice or would I still have to look and change to a better employer? Please advise. Thanks This is a serious issue, its good that your employer has made the necessary changes. Salary must never be less than LCA. Link to comment
JoeF Posted January 29, 2015 Report Share Posted January 29, 2015 I didn't mean to suggest OP to lie. I asked her to check with her employer first. Anyway, after reading your post i have a question. When we are on vacation, we don't have to move out of the country.... right? I mean one can enjoy their vacation without going out of the country. If you get paid during the vacation, yes. You can not be on unpaid vacation in the US. Link to comment
hariK Posted January 29, 2015 Author Report Share Posted January 29, 2015 One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India? Really appreciate everyone's time and response. Thanks Link to comment
JoeF Posted January 29, 2015 Report Share Posted January 29, 2015 One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India? Really appreciate everyone's time and response. Thanks A bonus doesn't count as salary for the LCA purposes. Link to comment
rahul412 Posted January 30, 2015 Report Share Posted January 30, 2015 One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India? Really appreciate everyone's time and response. Thanks Bonus is not your salary and its not mentioned on your LCA. LCA contains just your yearly salary. Link to comment
jairichi Posted January 30, 2015 Report Share Posted January 30, 2015 One more thing I was look at a possibility is, Can I ask my employer to run the difference in amount as bonus? (To make up the difference). With the updated pay from the next paystub along with receipts for bonus, can I go for stamping in India? Really appreciate everyone's time and response. Thanks A bonus or incentive does not count as a salary for LCA. Link to comment
svmth Posted February 1, 2015 Report Share Posted February 1, 2015 A bonus or incentive does not count as a salary for LCA. Hi All, I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount? Please suggest me. Thanks, svm Link to comment
JoeF Posted February 2, 2015 Report Share Posted February 2, 2015 Hi All, I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount? Please suggest me. Thanks, svm The employer has to pay you your correct salary. Period. If he doesn't, file a complaint with DOL on form WH4. The DOL will make the employer pay you according to the law. Link to comment
jairichi Posted February 2, 2015 Report Share Posted February 2, 2015 Hi All, I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount? Please suggest me. Thanks, svm Employer has to show it as your salary and nothing else. Link to comment
rahul412 Posted February 2, 2015 Report Share Posted February 2, 2015 Hi All, I am also facing the similar problem. My employer is saying the only way to compensate is to run a bonus. After reading the threads here I came to know that bonus is not considered as pay that is actually shown on LCA. Is there any other choice to run the remaining pay amount? Please suggest me. Thanks, svm There should be a way, but why your pay was less than the promised salary?? Link to comment
svmth Posted February 10, 2015 Report Share Posted February 10, 2015 Hi All, Like I said earlier, I have been paid less than that is showed on LCA. From Oct 2014 my employer paid $351 less. I spoke to my employer about this and later this month(Feb-2015) they ran three separate pay checks as PAY ADJUSTMENT for October, November and December each of $351(difference amount). So, now I have two pay stubs for each month (Oct, Nov and Dec) . Is that okay? Does it create any problem if I go for stamping. Thanks for you time. Regards, SVM Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.