H1B petition approved - schedule appointment - diferent salries in LCA & Offer Ltr

[sirishach435]

I am working as IT Engineer in Government Organization in India. One employer filed H1B petition to hire me to work on their Product enhancement project and last month petition got approved. Then Employer sent me all bunch of documents like approved I-129, LCA, Education Evaluation doc etc. and when I am verifying all documents to fill up Ds160 for interview scheduling, I found a discrepancy in respect of salary between Offer Letter and LCA i.e. $70000 mentioned as salary in Offer Letter & I-129, but $54,600 mentioned as salary in LCA. Immediately I addressed this one to employer and he told me that when VO raises this question tell him like my salary is $70000 (inclusive all benefits) or $54,600(+benefits viz insurance, 401K, bonus) equals to 70000. But still I am fearing on this question.

How to handle this question, please can any body help me on this?

Is it No Objection Certificate (NOC) required to attend visa interview?

Any help would be greatly appreciated.


Thanks
Sirish

[kabkaba]

I am working as IT Engineer in Government Organization in India. One employer filed H1B petition to hire me to work on their Product enhancement project and last month petition got approved. Then Employer sent me all bunch of documents like approved I-129, LCA, Education Evaluation doc etc. and when I am verifying all documents to fill up Ds160 for interview scheduling, I found a discrepancy in respect of salary between Offer Letter and LCA i.e. $70000 mentioned as salary in Offer Letter & I-129, but $54,600 mentioned as salary in LCA. Immediately I addressed this one to employer and he told me that when VO raises this question tell him like my salary is $70000 (inclusive all benefits) or $54,600(+benefits viz insurance, 401K, bonus) equals to 70000. But still I am fearing on this question.

How to handle this question, please can any body help me on this?

Is it No Objection Certificate (NOC) required to attend visa interview?

Any help would be greatly appreciated.


Thanks
Sirish

LOC amount is the minimum your employer is required to pay you. It is fine if they are paying you more than that. Also remember that in case of a consulting company, if the employer only pays you as per LOC (including allowed benefits), you will not be able to claim anything else unless you have a specific contract with them.

[sirishach435]

What I can not cliam in case of Consulting Employer?

LOC amount is the minimum your employer is required to pay you. It is fine if they are paying you more than that. Also remember that in case of a consulting company, if the employer only pays you as per LOC (including allowed benefits), you will not be able to claim anything else unless you have a specific contract with them.

In the Offer Leter the salary mentioned as $70,000 and in LCA mentioned as $54,600. My employer is telling that If VO asks me what is ur salary, by seeing I129 (or Offer Letter), U tell him my salary is $70000 and if he asks the same by seeing LCA U speak with $54,600 + benefits Totals to $70,000. How VO will ask this question , with which document, we don't know unless it is visible to us also.

In LCA Two items are there Pay Rate and Minimum wages. I think Pay rate is Actual wage the employer is required to pay his employee. In Pay Rate item of LCA, What employer has to fill up, whether base salary without benefits (or) it is total salary inclusive benefits.

If it is Total Salary to be filled up against Pay Rate field of LCA, How to convince Visa Officer? Its somewhat fearing me?

Please help me sir in this regard

Thanks in advance
Sirish
Mumbai, India

[kabkaba]

Don't worry. Like I already mentioned, as long as your salary is greater than or equal to the LCA, there will be no need for convincing.

[sirishach435]

Is it required No Objection Certificate for attending H1B Visa interview for Governme

Don't worry. Like I already mentioned, as long as your salary is greater than or equal to the LCA, there will be no need for convincing.

Is it required to obtain No Objection Certificate from the Present Employer for attending H1B Visa interview, as my present company is Government Organization in India. The thing here is If my visa gets stampted, i will resign my job.

Your help will definitely guide me through the interview with exact required documents.

Thanks
Sirish
Mumbai, India

[kabkaba]

Not required.

[sirishach435]

can we fill more than one DS-160 form for making correction, If in case we found any

Not required.

Today I have filled DS-160 form and got confirmation page. While filling up the DS-160 form, I mentioned place of birth as ‘YYYYY’ in given field named city name, instead of my village place ‘ YYYY X’ which is actually appearing in my Passport.
My place of birth is a small village, falling under small town ‘YYYYY’, administrative point. Actually, under the place of birth heading, form is specifying city name: and country: . With interpretation of the city/town which is near to place, may need to be filled up, I filled as YYYYY.
I submitted DS-160 form and got confirmation, with bar code and then I created a profile in Portal.ustraveldocs.com site and filled up DS-160 form confirmation Bar Code and generated a CGI reference Number for paying Visa fee by cash payment at Bank and yet to pay visa fees. That’s what I have done so far.
In this context, Can I go for filling a fresh DS-160 to make to correct above mistake and in ustraveldocs portal, modify fresh DS-160 bar code and generate another CGI reference number (mapping fresh DS-160 confirmation bar code – CGI reference number) for paying visa fee. If in case I should stick to only one DS-160, how to answer the above question, as it is not a typographical mistake, it purely with my own interpretation of field name city name under place of birth heading in the personal details of DS160.
Importantly, I want to know can we fill more than one DS-160 form for making correction, If in case we found any mistake after we got the DS-160 confirmation page.
Please guide me through this.
Thanks in advance
Sirish
Mumbai, India