Hello Rajiv Ji,
Thanks alot for your time on this free conference call.
1. In 2013 -- First H1 with Masters Degree. Prevailing Wage Level 1 . According to DOL Prevailing wage rate is 45 K per year , Employer offered 60K , but paid 90K per year. H1B approved for 3 years.
Designation : Programmer Analyst.
2. In 2014-- Employer Started GC process. Prevailing Wage Level 3 , DOL Prevailing wage rate is 83K per year. Employer offered to pay 83k year. Designation : Programmer Analyst. PREM Approved and I140 Approved.
3. In 2014 -- Employer applied for New LCA for Existing (H1 expiring in 2016), New LCA with Prevailing Wage from LEVEL 1 to LEVEL 2. According to DOL Prevailing wage rate is 57K per year. Employer was already paying 92 K per year. No
H1 Amendment was done even though there is a material change( Prevaling Wage LEVEL change and Pay change). Designation : Programmer Analyst.
4. In 2016-- Employer planning to applying for H1b Extension. In H1 Extension he want to use Prevailing wage LEVEL 2 with Same Designation but different roles and responsibilities compared to last H1. According to DOL Prevailing wage rate is 59K per year.Employer offered 90K and would like to pay me 92k.
Questions.
1. After applying NEW LCA, employer didn't amend my H1 as i was working for the same client. Now in 2016 if my H1 extensions gets approved. Will USCIS or US counslate have any idea that there was a change in my LAST H1B LCA and that
was not Amended with my Last H1 petition.
2. For my h1 extension. ON LCA. employer wants to use Prevailing Wage Level 2 ( as Per the modified LCA in 2014). But with same designation as my first H1. Is this the right way to do it ?. If not wht is the right way.
3. AC per my GC( future employment). Since 2013 Employer is paying me more that what he is going to offering as per GC Perm (2014). Is this going to be problem in future. Is this the right way to do it.
4. MY GC , PERM LABOR says Designation : Programmer Analyst. In future 3 years down the road. If i am with same employer and if i get promotion and my Designation changes to Sr.Programmer Analyst . will that have any affect on My current GC where my Designation is Programmer Analyst.