Min H-1B Pay for stamping?

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phani_tavvala

Registered Users (C)
I came to US in Aug'99 on f-1 and completed my Master's in Mechanical Eng. I couldn't find a job when I was on OPT and had to enroll in Ph.d. in Aug of 02 and immediately started working for a automobile company on a co-op without starting my coursework. After 1 year (end of co-op) in sept'03 company sponsored me a h-1, but my pay is only $30k/year (title:Mech. Eng Specialist instead of Mech. Engineer which would have reqd. to pay 48k/year). I am planning to visit India in Dec' 04 and get my stamping from chennai embassy. Though I have all proper documentation, I am worried that my h-1b might get rejected for my low pay. Is my concern justified? what do you suggest. Can someone please help/suggest me.
 
phani_tavvala said:
I came to US in Aug'99 on f-1 and completed my Master's in Mechanical Eng. I couldn't find a job when I was on OPT and had to enroll in Ph.d. in Aug of 02 and immediately started working for a automobile company on a co-op without starting my coursework. After 1 year (end of co-op) in sept'03 company sponsored me a h-1, but my pay is only $30k/year (title:Mech. Eng Specialist instead of Mech. Engineer which would have reqd. to pay 48k/year). I am planning to visit India in Dec' 04 and get my stamping from chennai embassy. Though I have all proper documentation, I am worried that my h-1b might get rejected for my low pay. Is my concern justified?
---YES, employer was supposed to pay the wages as on LCA

what do you suggest. Can someone please help/suggest me.
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Hello Ginnu, My employer is paying me the wages as on LCA. I am working as a Mechanical Engineering Specialist for which the Min. Pay in the state is $29k/year (and I am paid $30k/year), but the position doesnot need a Master's in Mech. Engineering. Since I already have my I-94 approved and am working for this company for past 1 year, my question is when I would attend the interview at the embassy, will the interviewing officer have any grounds to reject my h-1b stamping saying that for a guy with Master's degree my pay is too low (30k against 50K FYI- Generally speaking a Master's degree holder makes close to $50-55k/year if he has a title of Mechanical Engineer)
 
phani_tavvala said:
Hello Ginnu, My employer is paying me the wages as on LCA. I am working as a Mechanical Engineering Specialist for which the Min. Pay in the state is $29k/year (and I am paid $30k/year), but the position doesnot need a Master's in Mech. Engineering. Since I already have my I-94 approved and am working for this company for past 1 year, my question is when I would attend the interview at the embassy, will the interviewing officer have any grounds to reject my h-1b stamping saying that for a guy with Master's degree my pay is too low (30k against 50K FYI- Generally speaking a Master's degree holder makes close to $50-55k/year if he has a title of Mechanical Engineer)
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As long as they are paying you the salary as noted on the approved LCA, you should be fine.

Basically, its like you've opted to take a job that payes lower even though for your qualification you can get something that pays more.
I guess its a decision you've made - I see nothing wrong with that.
The screw up comes if your company is paying lesser than what's in the LCA - but that's not so in your case - so relax
 
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