H1 extension with salary way less than in LCA

mroncesvalles

Registered Users (C)
Hi,

My friend is currently on H1 and his visa will expire this November 2004. He will file the extension this May, 6 months before expiring.

I would like to seek your advice on "how to file" the extension if he is currently getting a lesser salary (30% less) than what is in the LCA. He agreed with the employer to receive a lesser salary rather than being terminated due to bad economy and slow business.

We appreciate any input and thanks in advance.
 
jaxen,

hi, his current salary is less than the LCA he used to get the H1B visa, he has to get a new LCA with the same details (salary and all) as the old one to file for the extension. But he is still to be paid the same salary which is about 30% less.

appreciate any feed back
 
thanks jaxen,

however, he might not get the LCA approved with the rate of salary he is getting right now because it is way less than the prevailing wage for the position. As mentioned it is 30% less than the prevailng wage for that position 2 years ago.

we appreciate your help and patience.
 
Originally posted by mroncesvalles
thanks jaxen,

however, he might not get the LCA approved with the rate of salary he is getting right now because it is way less than the prevailing wage for the position. As mentioned it is 30% less than the prevailng wage for that position 2 years ago.

we appreciate your help and patience.

If so employer is in serious violation of H1 terms. Oce of the consequences of this is refusal of an H1 visa and derivative H4 visas for family members by US consulates/Dept of State.
 
Change the name of the position to reflect the current (not 2year old) prevailing wages.
 
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