URGENT...! help with consulate questions

K

kishore_s

Registered Users (C)
one of my friend to consulat for H1B stamping and they asked for the following documents.

1. Explain the H worker 2003 earnings. If less than mandated by LCA, please explain.
2. Identify the petitioning entity's personnel needs for the next 12 months.

what does those quesions mean..? Can some one help me please..

Thanks
 
1. Explain the H worker 2003 earnings. If less than mandated by LCA, please explain.

I have heard of this,
If you look at your LCA and petition , there is a clear statement that describes your renumeration pa, now this is usually the minimum mandated by the state [desi companies usually file the bare minimum reqd], if your LCA salary is below the state minimum the BCIS requires a valid reason why you were paid less than the state requirement and if Americans might not have been available for the job.

Which consulate was this at?
 
It is in chennai.

The wages field in the LCA application is blank. Also the wages he is getting now is less than the previailing wages.

What to do now..?

Thanks
Kishore
 
The wages field in the LCA application is blank.
------ LCA approved by DOL cannot be blank it has wages written on it, if no wages are written and employer submits LCA to DOL then DOL never approve the LCA. What kind of LCA copy he is having with him? He should have the certified LCA and form copy of I-129 that was filed for his H1 with USCIS. If lawyer filed his H1b then lawyer has to certify the form and copy of LCA that was filed for his H1B with USCIS.
Also the wages he is getting now is less than the prevailing wages.
------ How do you know the prevailing wages? He should have been paid the wages as on LCA or more than the wages on LCA

What to do now..?
------ Let the H1B employer explain on company letterhead. The company has to provide the reason for fewer wages than LCA if they don’t give the satisfactory argument/explanation then the company has violated H1law/regulation. Company can be investigated, can be fined and you may face trouble getting h1visa stamp from consulate
 
Ok. I got the answer now. The attoreny send him the wrong copy of LCA approval with blank wages. I got the correct LCA now from the attoreny. My friend is getting 60$ less per month than what ever mentioned in the LCA.

Is that 60$ matter...?

Thanks
Kishore
 
Hi.

Please can some one share any ideas here..? His total 2003 earnings ( Wages + bonus (reported on W-2) ) is greater than mandated by LCA. But if you consider only his wages then it is 60$ less than the minimum wages. What are the options here. Can we explain his total earnings and say it is greater then priviling wages.?

Thanks
Kishore
 
Let employer explain ..

It's employer's duty to explain wages' query to consulate. So, let your/ your friend's employer explain it on company's letterhead to consulate. Get this letter & then go to consulate.
 
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