Urgent. H1B application had MUCH higher salary by mistake, what to do?

S

stupidtime

New Member
Hi I need urgent advice here. A few months ago my new company filed my H1B application, but the LCA was certified with wrong salary, which was 30k higher than the actual one. I found their mistake after getting H1B approval and asked the attorney if we need amendment. The attorney said only LCA amendment was needed. He filed LCA amendment with the correct salary and got cerfitied, so I thought everything was fine.

Sorry what I have is the original H1B application with wrong salary, and an amended LCA with correct salary. But today another attorney said this would need H1B amendment not just LCA amendment. And for all the time I am being paid according to the figure on H1B application (not just the amended LCA) I am violating the law. Could someone please help and let me know who to believe? thanks

btw my actual salary is also higher than prevailing wage
 
If you are getting more than the LCA amended salary, you are OK and no need to do anything.

LCA only governs your salary. If you are getting more than the prevailing wage, no need to worry. Keep the certified copy of LCA whenever you go for visa stamping.
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stupidtime said:
Hi I need urgent advice here. A few months ago my new company filed my H1B application, but the LCA was certified with wrong salary, which was 30k higher than the actual one. I found their mistake after getting H1B approval and asked the attorney if we need amendment. The attorney said only LCA amendment was needed. He filed LCA amendment with the correct salary and got cerfitied, so I thought everything was fine.

Sorry what I have is the original H1B application with wrong salary, and an amended LCA with correct salary. But today another attorney said this would need H1B amendment not just LCA amendment. And for all the time I am being paid according to the figure on H1B application (not just the amended LCA) I am violating the law. Could someone please help and let me know who to believe? thanks

btw my actual salary is also higher than prevailing wage
Click to expand...
 
Hi Great_Guru, thanks a lot! So as long as I have the amended LCA reflecting the correct salary, and I am getting paid more than the salary on amended LCA, there is no need for H1B amendment? When I go for visa stamp, just bring the H1B application and amended LCA. Could you please confirm this? Thanks again.
 
Yes
stupidtime said:
Hi Great_Guru, thanks a lot! So as long as I have the amended LCA reflecting the correct salary, and I am getting paid more than the salary on amended LCA, there is no need for H1B amendment? When I go for visa stamp, just bring the H1B application and amended LCA. Could you please confirm this? Thanks again.
Click to expand...
 
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