USCIS Client visit

[h1bjava]

I had a USCIS client visit yesterday. I am on H1B and recently had an extension approved. All went well till the Officer asked about my pay. My LCA states 60000$(the usual amount that consulting companies put) but I earn about 150000$. My employer thinks its fine my pay is more than prevailing wages. I am worried about the big gap. The officer was saying there is a big variation between LCA and actual pay. Will this create a problem? Should a
H1B amendment be filed?

[dmitri]

hi
can you tell me what questions were asked and how did you answer?

[Pappu_Pager]

I had a USCIS client visit yesterday. I am on H1B and recently had an extension approved. All went well till the Officer asked about my pay. My LCA states 60000$(the usual amount that consulting companies put) but I earn about 150000$. My employer thinks its fine my pay is more than prevailing wages. I am worried about the big gap. The officer was saying there is a big variation between LCA and actual pay. Will this create a problem? Should a
H1B amendment be filed?

What do you mean by USCIS had client visit yesterday? Did they come and visit your client where you work, you mean? ...

What questions were asked ? Can you share all ?

When you say, you earn $150K, where it is shown that you earn $150K? Was it your W2 (which cannot have by now for this year) or Paystub showed it? How did you show your paystub when USCIS had sudden visit to your client site?

$60K and $150K -- yes, it is obviously big difference ...

[h1bjava]

USCIS nowdays goes to client sites and this was one such visit. My last yr W2 is for 150K but my LCA says 60K.

[h1bjava]

Basically I was asked the following:

1. Whom do you report to in your office?
2. who paid for ur H1?
3. your pay
4. job responsibilities

In my case the only issue I see is the huge diffence in pay between LCA and actual. LCA is 60K and actual is 150K.

[furiouspride]

There is no rule that prevents you from earning more than what the LCA states. Problem comes when you make less than the prevailing wage on your LCA. You should be fine. Don't forget to donate some of that moolah to IV :D

[snathan]

There is no rule that prevents you from earning more than what the LCA states. Problem comes when you make less than the prevailing wage on your LCA. You should be fine. Don't forget to donate some of that moolah to IV :D

No...When you earn substantially more than LCA...it needs amendment.

[PrinceVA]

USCIS nowdays goes to client sites and this was one such visit. My last yr W2 is for 150K but my LCA says 60K.

USCIS visit is a joke. I work with a bank in Ft Washington. One of my collegue is working there for last 2 yrs. He is from Nepal, so everything is current for him. His labour approved through new employer (He changed when he got job in this bank), he got RFE in 140 and then denied.

Reason for denial, that there is no bank with that name on that premises and it is a warehouse. It was a warehouse of dell before 5-6 yrs, but I joined there, it is a BANK's technology center, I got my LCA for that location and the guy sits next to me, his 140 denied with such a silly reason. We saw the copy of his denial and it was so funny to read that, and very costly for him. Not sure if anyone else has such experience.

His chinese lawyer said that we will now give the location of your employer and never mention this location again.

[careerGC5050]

Dont know about amendment, but amendment is something that should be proactively done and if you want to handle it now - if your employment contract has bonus language somewhere you could say rest is bonus.

But please consult a lawyer before speaking to USCIS site visit officer.

[uma001]

I have few questions to ask.
1 - Does your W2 show any amount as other earnings which includes bonus?
2 - In each pay check, was there any amount that shows per diem or client appreciation allowance/bonus?
3 - if any of the above is not there on your paycheck, did you get 150 k direct per annum as salary?
I know you must working as consultant earning 80/hr. in that case you should left some amount with your employer so that there wont be much variation in your LCA salary and actual salary. or You should have taken 30%-40% of 150 k as bonus. But you have to pay 35-40% as tax for bonus.

[h1bjava]

My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?

[diptam]

Its okay to get way more than Minimum Wage. As long as you paid taxes for that why there should be issue ? "Minimum" means English word Minimum - its not the Cap or Maximum. Otherwise they would have said it like "Minimum and/or Maximum" etc.. etc..

I dont know if there are any other reasons why are afraid. America doesn't punish success and prosperity as long as you have earned it legally and completed all your tax obligations properly.

However if you have run heavy per-diem and avoided paying tax , you are required to show proof/basis for that and if you cant - you could be in big trouble.

My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?

[h1bjava]

Thank you for your reply. The whole amount on the W-2 has been drawn as salary and I have paid Federal and State taxes correctly for the full amount. USCIS Officer asked me why there is a huge difference between actual pay and the LCA during the visit. That is the only reason I was a bit concerned. Do you think an amendment is needed at this point?

[dealguy007]

My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?

Can you update your profile.

[diptam]

If you do consulting you can explain that you negotiated higher salary based on the value that you are going to add in a particular engagement. Also you could have said that you negotiated higher salary because you are a out performer in your skills. As long as you have paid taxes on all earnings and provided them a reasonable verbal explanation , I haven't heard of issues with higher salary than minimum wage.

But I'm not an attorney and if you feel that the reason that you told them was not correct,
talk to your employer's attorney or immigration folks. Don't rely on our answers in public forum.

Thank you for your reply. The whole amount on the W-2 has been drawn as salary and I have paid Federal and State taxes correctly for the full amount. USCIS Officer asked me why there is a huge difference between actual pay and the LCA during the visit. That is the only reason I was a bit concerned. Do you think an amendment is needed at this point?

[Rb_newsletter]

I had a USCIS client visit yesterday. I am on H1B and recently had an extension approved. All went well till the Officer asked about my pay. My LCA states 60000$(the usual amount that consulting companies put) but I earn about 150000$. My employer thinks its fine my pay is more than prevailing wages. I am worried about the big gap. The officer was saying there is a big variation between LCA and actual pay. Will this create a problem? Should a
H1B amendment be filed?

This is a new question that I have never seen in any forums. People could only say their ideas or opinions. You should touch base with your company attorney and get advice.

If you don't mind, can you share the following info just for people's knowledge?
1) Which area/city this happened?
2) How big is your client? Are they well known company?
3) How big is your employer?

[h1bjava]

I told the Officer that the pay mentioned is H1 is just the base pay. My pay varies according my performance and the number of hours I work. I emailed my attorney this afternoon and he replied that getting overpayed does not violate any law.

My only doubt now is whether a H1B amendment should be filed proactively before USCIS comes back with any questions on substantially higher actual pay than the one mentioned on LCA and i-129 form?

[Pappu_Pager]

There is no rule that prevents you from earning more than what the LCA states. Problem comes when you make less than the prevailing wage on your LCA. You should be fine. Don't forget to donate some of that moolah to IV :D

:D .. Good one ...

[Pappu_Pager]

USCIS nowdays goes to client sites and this was one such visit. My last yr W2 is for 150K but my LCA says 60K.

As many have said, I am also not aware where you cannot earn more than offered salary. I mean, was it the same year when your H1 was filed or it was a yr or 2 after H1 was filed? Because, in a year or 2, you can always say that you got additional compensation as a part of extra performance / work -- additional work accomplishment etc.

You could have gotten pay rise in a yr or 2. So, I dont think, it is any issue. Per my understanding, the legal definition of amendment is -- If there is any material change in job, then amendment is necessary. USCIS has given few hypothetical examples to explain "material-change", but none mentions about pay. The examples are more of change in job-duty, change in requirement of job-conditions such as additional skill needed etc. It is very ambiguous at this moment, so it works both ways.

You may need a good lawyer to draft your situation and its explanation.

Also, please share something about this USCIS client-visit? I am new to this trend ..

How it happens? Would they give you 1 day or so notice that they would visit the client, or they would just show all of a sudden?

If they come all of a sudden, who they contact to enter in? You work as contractor so your name may not be there in company directory and I wonder, if they know your client manager name?

Also, it is quite uneasy / embarrassing situation that these people come this way in front of our client. I'm sure the client must be scared seeing them. How that works? They talk to you and / or your manager at the client site? Does the news goes viral / public that USCIS came to see you (us)? ... It would be uneasy to explain everyone in client to explain all these crap...

How long they were there? Did they bring your W2 there, you mean? Did they ask your client manager about who authorizes your leave, who supervises your work etc to establish employer-employee relationship?

Did you have time to talk to your client manager, in-person (in between) before they talk to your client manager?

[h1bjava]

Thanks for the details...Regarding the USCIS visit its all of a sudden. My HR called me and told that an officer from USCIS is here to talk to you. Its slightly embarassing because the news is viral...You feel uncomfortable especially in front of your collegues who know nothing about immigration and visas. Discussion with the officer was in a seperate room. He wanted to look at my desk also. He spoke to my client HR before talking to me. The officer did not have my payslip or w2. He wanted to see them. If you dont have it handy they will ask you to email them to you.

[whiz]

The guys who come to these site visits are not USCIS employees. They are 3rd party guys hired only for verification. As such, they have no clue and don't take their questions seriously.

You should get equal to or more than what you have there. Since your attorney confirmed the same, just chill and enjoy the moolah!

[h1bjava]

I have also heard that most of the people that come for site visits are 3rd party contractors. In my case the person had a govt badge(USCIS), govt visiting card with govt email id etc.

[uma001]

My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?

No need. getting more pay does not create any problems

[mayurcreation]

Today I had a USCIS client visit at client site. My H1B was extended 6 months back.

Here is the story:
I got a call from tower lobby saying a lady from uscis want to see me. I went down from xx floor to receive her. She told me that she wants to talk to me only not my manager so I took her to cafeteria in my office tower. She ask to whom I report to, salary, position, hours of work, etc... It was just 10 minutes work and we were done. I drop her to lobby with beautiful smile :)

Hope this helps!

[sac-r-ten]

Today I had a USCIS client visit at client site. My H1B was extended 6 months back.

Here is the story:
I got a call from tower lobby saying a lady from uscis want to see me. I went down from xx floor to receive her. She told me that she wants to talk to me only not my manager so I took her to cafeteria in my office tower. She ask to whom I report to, salary, position, hours of work, etc... It was just 10 minutes work and we were done. I drop her to lobby with beautiful smile :)

Hope this helps!

Yes it helps others like us who r on h1b. Do you work in E-V-C kinda setup? If yes, what were your answers to her reporting structure queries?

Thank you

[mayurcreation]

Yes it helps others like us who r on h1b. Do you work in E-V-C kinda setup? If yes, what were your answers to her reporting structure queries?

Thank you

Yes I work in E-V-C model.

I told her (USCIS staff) that I am working on multiple project so I report to multiple people. I did mentioned direct report one person from my H1B holding company and one manager from Client. I have read other forums where people suggested to name only one direct reporting manager of H1B holding company. In my case I have name two direct report one H1B holding company and one client manager. Let see how it goes...

[saviontly]

I had similar experience from USCIS about 4 months back, I mentioned two managers one from Client and one from the H1 holding company, didn't had any issues, so you should be good.

[dreameb2]

Thank you guys for sharing your experience.
Did any of the officers visiting your client location ask you about the documentary evidence of your reporting to h1B holding employer?
Also did they ask about posting of LCA in your client location? Please advise. THanks.

[saviontly]

@dreameb2 - Nope, no mention of LCA, all the USCIS lady asked was for my ID Card (Client) which she saw briefly and gave it back, few questions about my designation, role and then she came to my desk and took pictures of the cubicle.

She wanted to have my latest paystubs, which I didn't had at that time, so I scanned and emailed her later in the day.

[mayurcreation]

Thank you guys for sharing your experience.
Did any of the officers visiting your client location ask you about the documentary evidence of your reporting to h1B holding employer?
Also did they ask about posting of LCA in your client location? Please advise. THanks.

Here is my detailed story of USCIS client visit:

Security person from my tower lobby called me and said a lady from USCIS wants to see me. I said I am coming down to receive her (actually never want to do that)

I went down from xx floor and introduce myself to her. She asked there is any conference room or meeting room where we can sit and talk. I said I need book/reserve conference room and as we haven't schedule any appointment there is none available at present. I said if you don't mind we can sit in cafeteria and talk. She said okey. As we enter to my office cafeteria I have ask her if she need any thing from cafeteria? she replied no.. no..

Then she asked me below questions:

1. Show me your identity.
Ans. Shown client badge with my name on it (no picture on badge).

2. To whom I report to?
Ans. H1B company and Client

3. How long I work here?
Ans. With client xx yrs and with H1B company xx yrs.

4. My position?
Ans. xx. (mentioned in LCA)

5. Annual Salary.
Ans. XXX p.a.

6. Salary paid weekly or bi-weekly or monthly?
Ans. Bi-weekly.

7. Do I do overtime? If yes, than do I get paid for the overtime?
Ans. Very rare . Yes I always get paid for the hours I work.

8. Please provide name, telephone number(s) and email addresses of the person I report to.
Ans. Provided name of H1B holding company direct report Supervisor and one client site supervisor. Said I don't have there phone numbers and email address by hard as they are stored on my office computer and office desk phone. But I can get these information few minutes. She said she will email me and I can provide her requested information in email.

She (USCIS staff) was very friendly and co-operative. She email me next morning with below request information:

1. For identification purposes, please submit a scanned copy of your drivers license or another form of photo identification?
2. Annual Salary? (please submit 3 copies of your most recent paystubs)
3. Please provide the telephone number(s) and email addresses for your client site supervisor and your H1B Supervisor?
4. Lastly, please provide a detailed description of your duties?
Ans. Copy pasted LCA and client/vender letters job roles and duties.

Thanks!