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  #1 (permalink)  
Old 06-01-2008, 07:53 PM
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Default Salary in labor application not matching with current salary

I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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  #2 (permalink)  
Old 06-01-2008, 07:58 PM
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It is illegal. If being paid less than on your H1 LCA
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Last edited by singhsa3; 06-01-2008 at 11:26 PM.
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  #3 (permalink)  
Old 06-01-2008, 08:16 PM
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Quote:
Originally Posted by singhsa3 View Post
It is illegal.
It will be great if someone can send me any reference to confirm that it is illegal..
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  #4 (permalink)  
Old 06-01-2008, 08:36 PM
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labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
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  #5 (permalink)  
Old 06-01-2008, 08:39 PM
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Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?
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  #6 (permalink)  
Old 06-01-2008, 10:01 PM
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Quote:
Originally Posted by dipu76 View Post
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
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  #7 (permalink)  
Old 06-01-2008, 10:11 PM
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Quote:
Originally Posted by meridiani.planum View Post
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..
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  #8 (permalink)  
Old 06-01-2008, 10:31 PM
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My apologies, I thought your were talking about H1 Labor
Quote:
Originally Posted by dipu76 View Post
It will be great if someone can send me any reference to confirm that it is illegal..
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  #9 (permalink)  
Old 06-01-2008, 10:39 PM
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Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.

As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
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  #10 (permalink)  
Old 06-01-2008, 10:53 PM
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Quote:
Originally Posted by dipu76 View Post
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
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  #11 (permalink)  
Old 06-01-2008, 11:26 PM
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Default good information

Quote:
Originally Posted by chem2 View Post
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
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  #12 (permalink)  
Old 06-02-2008, 02:39 AM
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Default

Quote:
Originally Posted by Dhundhun View Post
If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
good point... is the employer supposed to share the labor information with us?
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  #13 (permalink)  
Old 06-02-2008, 02:44 AM
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Quote:
Originally Posted by dipu76 View Post
good point... is the employer supposed to share the labor information with us?
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary

Employer should let employee know it.

The reason they employers to hide is that if known, an employee may leave easily.
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  #14 (permalink)  
Old 06-02-2008, 01:19 PM
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Default PERM clarification...

Quote:
Originally Posted by meridiani.planum View Post
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

Here is a posting I found from a while ago on this..

http://murthyforum.atinfopop.com/4/O...2&m=1621048341
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  #15 (permalink)  
Old 06-02-2008, 01:53 PM
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It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

Quote:
Originally Posted by dipu76 View Post
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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