Hi there.
Here is my situation. My company is a small startup. We did some self-funded project couple years ago. My H-1B LCA at this period was for part-time 20hr/week.
Year went worse than expected and my resulting W2 was lower than allowed by LCA (disclaimer: I don't have original LCA, so I am using word "was"
only for description of possibility, actual situation might be different. I just want to know my options for the scenario, which I am describing here).
After that, we closed in-house project and I went for corp-to-corp consulting. My LCA was amended for full-time 40 hours per week and for new location. There was no problems with H-1B compliance ever since.
Now we are working on EBGC. 140 was approved and now we got notification about I-485 RFE. Actual mail is not here yet, so I have nothing better to do than contemplate worst-case scenario. Which will be status verification. W2 and I-94 for all H-1B years.
As I understand, if I receive paycheck with amount lower than specified in LCA, it puts me out of status. Since whole year was underpaid, it also nullify my 245(k) protection for AOS.
So I am trying to figure out if this situation can be salvaged somehow. I know about complain to DOL. It will clear me, but what will happen to my employer? If they retaliate and revoke my I-140, I will be in pretty my the same position I was before.
Now company is profitable (very profitable, in fact), so they can easily re-pay me the difference between LCA and W-2. I just don't see how it will help me with AOS troubles. USCIS require regular payments for all period of H-1B employment. Not stock options, not promissory notes...
Please advice.
Here is my situation. My company is a small startup. We did some self-funded project couple years ago. My H-1B LCA at this period was for part-time 20hr/week.
Year went worse than expected and my resulting W2 was lower than allowed by LCA (disclaimer: I don't have original LCA, so I am using word "was"
only for description of possibility, actual situation might be different. I just want to know my options for the scenario, which I am describing here).
After that, we closed in-house project and I went for corp-to-corp consulting. My LCA was amended for full-time 40 hours per week and for new location. There was no problems with H-1B compliance ever since.
Now we are working on EBGC. 140 was approved and now we got notification about I-485 RFE. Actual mail is not here yet, so I have nothing better to do than contemplate worst-case scenario. Which will be status verification. W2 and I-94 for all H-1B years.
As I understand, if I receive paycheck with amount lower than specified in LCA, it puts me out of status. Since whole year was underpaid, it also nullify my 245(k) protection for AOS.
So I am trying to figure out if this situation can be salvaged somehow. I know about complain to DOL. It will clear me, but what will happen to my employer? If they retaliate and revoke my I-140, I will be in pretty my the same position I was before.
Now company is profitable (very profitable, in fact), so they can easily re-pay me the difference between LCA and W-2. I just don't see how it will help me with AOS troubles. USCIS require regular payments for all period of H-1B employment. Not stock options, not promissory notes...
Please advice.