Pay Salary less that established on LCA

F

flthere

New Member
Please Help!

My first h1b is approved in sept 2003 after I came to US on F1 visa, and I am being paid 80% of the amount written in the LCA which I just noticed. I want to goto India next month so that I can get H1 stamping done but wonder if this LCA thing presents any conflict. Pay stubs will show approx. 80% of LCA salary. Please advise me if I can or cannot goto India until I change my employer.

Thanks.
 
it may pose problem but considering that you have joined in september 2003 you can argue that your w2 amount is less due to the number of months worked etc. you can also state the too many holidays during november and december.

changing employer would help but if the consulate request for w2 then it will raise questions.

better check with lawyer
 
company violated labor law by not paying the h1 employee the prevailing wage. if reported company will be fined and may be debarred for 1-2 years from employment based immigration services.

by not getting the salary or if the wage does not meet the lca then from the ins point of view h1 person did not maintain his h1 status proper (but not illegally present) even thought its companys mistake. this may be an issue when revalidating visa or when applying for stamping outside usa.

by changing the employer and by reporting to dol you can argue with consulate that your employer as violated the h1 or lca regulations and you are forced to join another employer for that reason (even if the actuall reason is different). you may need to provide some sort of proof of complaint made. this will give positive view from the consulate and may issue visa. ofcourse this will not guarantee you visa. also note that there are several laws that protects whistle blowers which are applicable to h1 people also.

many h1 employers assume that employee dont know the law or cant afford to go the court or complain to dol. h1 people are always afraid about status, job etc. in reality if you complain or pull those employers to court your employer will loose BIG money and sometimes even close business and flee out of country. seach in dol and irs website for similar state of employers. few of the EMPLOYER lost "their" green card and was deported for not paying proper salary and thereby saving taxes too. IRS is very strict and INS does not allow any one to stay in this country for tax fraud and does not care about their immigration status.
 
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