H1 Transfer Salary Difference

P

PeterDatte

Registered Users (C)
Hi,

My current employer pays me 85000/- per annum, this employer will go out of business in few months so I want to join a new company but they will only pay me 75000/- per annum.
Is there any risk in filing for H1 transfer in this case. I got 85000/- job when the ecomony was in good shape. Does it matter.
What do you guru's say? Should I go ahead and file for H1 Transfer?

Thanks,
Peter.
 
No problem

There should not be any problem. Your new employer must mention 75K salary in your new LCA. If your new LCA mention different salary then your employer pays, it is big trouble.
Congrates for getting new job.:)
 
In my case, my employer mentioned a salary on LCA much less than what I received on my offer letter. So my actualy salary is around 20K more than specified on LCA.

I am scheduled to go for H-1 stamping in Mexico next month. Do you think that this salary difference could be an issue? I heard that if you are getting more than that specified on LCA, it should be fine.

Please advise.

Thanks.
 
You might not get problem for stamping if officer does not ask you for LCA to verify with your pay stub. Normally they don't go on this type of thing and check other papers and validity. Nobody can guess what will officers do in visa interview!!!!!!!!!!!!!
But as per INS rule one should get same salary as mentioned in your LCA for H1 visa. One can get bonus or overtime from employer but salary should be same. I don't know much more who will creat problem INS, IRS or some other agency, but check with your lawyer.
Retrive some posting from here as couple of people askes question about salary difference.

Best of luck for visa interview. Put your posting after coming back and tell us what happen in your interview.
 
Last edited by a moderator:
Salaries lower than that listed on the LCA are not permitted. Higher salaries present no problem unless the difference is very extreme and would seem to indicate different job duties.
 
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