H1 LCA issue !

[dukemember]

My visa was filed for 60k/annum in September 2001,
but inactual I was getting paid 33k/annum(due to bad market) till date and now my employer says that he has told the attorney to change the salary status in the Visa.
My Questions are here under :

1)Is it possible to change the LCA/salary status on a back date ie the date September 2001 in my case ?(any link would help)
2) My employer has not given me any amended LCA till date.

regards
Raj

 

[Jim Mills]

A new LCA is not enough

The employer may have an LCA that has an older date but a salary reduction is, in my opinion, a material change and therefore requires an amended H-1 to be filed with INS. $33K is a fairly low salary, I wonder if the employer would even be able to get an LCA approved at that level. The only way around that would be to put you on part time status.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702