H1 visa problem-prevailing wage~actual wage

[mavin]

I was in USA on student visa and now I'm on H1B visa, my LCA application states I need to be paid or prevailing wages are $XXX/year.But my employer pays me $YYY/yr which is around 5K less than $XXX.
Now, the problem is, I'm going to my home country for my visa stamping, I'm worried if thats going to be an issue.
Moreover, my company is a small firm and i'm the only engineer, and i'm the only H1B visa holder and my company is 6 employees big including every kind of worker(full time/part time).Can my employer qualify to pay me less than prevailing wages?
What are the things I can do to go by this issue??
Kindly anybody give me advice.

 

[max2k1]

I was in USA on student visa and now I'm on H1B visa, my LCA application states I need to be paid or prevailing wages are $XXX/year.But my employer pays me $YYY/yr which is around 5K less than $XXX.
Now, the problem is, I'm going to my home country for my visa stamping, I'm worried if thats going to be an issue.
Moreover, my company is a small firm and i'm the only engineer, and i'm the only H1B visa holder and my company is 6 employees big including every kind of worker(full time/part time).Can my employer qualify to pay me less than prevailing wages?
What are the things I can do to go by this issue??
Kindly anybody give me advice.

Technically, the employer should pay you atleast the prevailing wage per the LCA.

I've seen H1s approved with actual wage slightly less than prevailing wage ( something like $500 to $700 per year less )....

$5k seems to be rather large ... on the LCA ("Section B")- on the top that says actual wage paid ( the prevailing wage is at the bottom - "Section D" ) -- is this also $5k less ??
If so, am surprised that the H1 got approved ... on the other hand, if the wage stated is true ( $5k less ) and H1 got approved, maybe the margin is acceptable !

BUT -- big BUT -- if the wage stated on LCA is above prevailing wage and you are actually being paid $5k less, then it is clearly ILLEGAL on the part of your employer. In this case, consult with an attorney.