Question regarding pay rate

[sri2005_05]

Hi,

Next year i have my h1b extension with approved i-140 .I am worried about current year pay roll which will be 25k less than mentioned in LCA.Will it be any problem while applying for my extension?

[WaitingUnlimited]

Yes, if you attach one of this year payslips with the H1B extension petition.

Yes, if you get RFE to submit previous W2s.

You and your employer, I believing taking risk by paying/receiving below the amount promised in LCA, unless you correct it by end of this year!

[sdrblr]

Since you used both H1 and 140 in the same sentence, did you mean LC(used for GC) or LCA (used for H1) when asking about the 25K?

If you meant LCA which is used for H1, then it is illegal. You are supposed to get paid atleast that amount.

If LC, then it is OK as it is for future employment.



Hi,

Next year i have my h1b extension with approved i-140 .I am worried about current year pay roll which will be 25k less than mentioned in LCA.Will it be any problem while applying for my extension?

[sri2005_05]

Hi,

Thanks for the reply..but is it possible to reduce my amount in LCA right now?is it legal to reduce the amount

[gbof]

I donot know if you are talking about LC or LCA. My attorney advised me any major hike or cut in salary in can trigger rfe (He said upto 8% p.a is ok).

Btw: How can anybody be comfortable with a drop of 25K. If i were you I shall look for a new job and won't waste time on LC/LCA

[sri2005_05]

Hi,

thks for reply..I am talking abt LCA.not LC. can ifile for new LCA with reduced amount?because pay rate is very less in my crrent job.

[sdrblr]

I dont think you have an option to choose what you put on LCA. The amount there indicates that the minimum salary the employer MUST pay. The salary on LCA is determined by DOL based on the job profile and location. If you change either one, then you will get a new salary. If you are talking about a change of 25K, you will need to make a BIG change in the job profile (read as totally different than what you do) this is assuming you dont change the location.

Hi,

thks for reply..I am talking abt LCA.not LC. can ifile for new LCA with reduced amount?because pay rate is very less in my crrent job.