Prevailing wage

java5

New Member
When revalidating an H1b visa, will a consulate ask for a proof that I am paid not less than an approved prevailing wage on my H1b petition?

My employer pays a large part of may salary as per diem, and it is NOT on my W2 form. Can this be a problem?

Thank you
 
hello java5,

yes the consulate will ask for the LC and they will verify against your w2s (for any year) or sum of all paystubs (if you apply in current year). So make sure your w2 or paystub salary (multiplied by 12 if monthly) is equal or greater than the prewailing wage mentioned on your LCA. As long as your w2 salary > prewailing wage, you are cool. Otherwise, you need to give lot of explanation and its not fun. Please be careful as it is a mess to get through that situation now a days.

Take care,
VJ
 
Thanks for replying!

Will the consulate consider per diem to be my salary?

My W2 income + per diem > prevailing wage, but W2 alone is much less. Is this a problem?
 
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