payments less than the wage. can that affect NIW

agmalkalam1

New Member
This is an excellent forum. Thank you for all those people who volunteer to answer the tough questions.

I worked in an underserved area on H1 visa ( was on J1 before ). The employer did not pay the prevailing wage for about 8 months. Then I found another job. I had submitted NIW when I was working for the first employer.

(1) Will the period in which I did not get the full salary affect the NIW process by any way. In other words, will that period of underpayment count as part of my 3 years obligation on H1 and will it also count as part of the 5 years obligation for NIW? Any thing I can do to prevent any problems?

(2) The other question I have is: I worked the first job for 2 years in the State of Texas and then when I changed the employer I moved and worked in Florida. Can I still get a letter from the Department of Health that I completed my J1 obligation after working for 3 years? How can I get this kind of letter and from which State? I understand this letter is needed for the NIW. Anyone had similar experience before?

Thank you very much.
 
To the best of knowledge, it would not affect. My colleague had a problem with his boss. He changed the employer to another one who paid him less salary, far below any expectations! Now, he has the GC.

Please, any expert correct me if I am wrong.

Best wishes
 
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