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Require LCA Change while salary reduced

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  • Require LCA Change while salary reduced

    Hi

    I am on H1 B Visa status and recently changed my job with Employer A. First day of joining employer called me asked for reducing my pay per hour rate because of budget cut at client site. My initial LCA was approved on $62/hour and new rate is given $56/hour.

    Questions:-

    1. Employer needs to file new LCA because of per hour rate change? (Employer is saying NO because salary change is less than 10%)
    2. If Employer doesn't change my LCA, then what all issue i can have in future?

    Note:- Minimum prevailing wage for my position is $50.53/hour.

    3. Am I good as long as i am getting more than prevailing wage?
    4. Am I going to have any issue while going to stamping for my VISA?

    Please suggest.
    Last edited by kb0033319; 10-06-2015, 03:58 PM.

  • #2
    You should get paid as per the approved LCA. If not, your year end W2 will be less than the approved LCA and it can become an issue with future petitions and visa stamping. The employer should file both LCA and H1B amendment for the reduced wage.
    https://www.immihelp.com/h1b-petition-amendment/
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      You should get paid as per the approved LCA. If not, your year end W2 will be less than the approved LCA and it can become an issue with future petitions and visa stamping. The employer should file both LCA and H1B amendment for the reduced wage.
      https://www.immihelp.com/h1b-petition-amendment/
      Thanks for replying. My Job duties and location are not changing so my Employer is not ready to file amendment and saying LCA is not required because change is less than 10%. Do we need to file new LCA if my current salary is more than prevailing wage in my area?

      Comment


      • #4
        Basic rule - Your pay should be equal to or higher than the approved LCA. Prevailing wage has nothing to do here. If the pay is less than the prevailing wage, then the LCA would have denied at the first place.

        Originally posted by kb0033319 View Post
        Thanks for replying. My Job duties and location are not changing so my Employer is not ready to file amendment and saying LCA is not required because change is less than 10%. Do we need to file new LCA if my current salary is more than prevailing wage in my area?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Basic rule - Your pay should be equal to or higher than the approved LCA. Prevailing wage has nothing to do here. If the pay is less than the prevailing wage, then the LCA would have denied at the first place.
          I forgot to ask one Question:- Should Employer file Amendment also or only LCA change is enough in this case?

          Comment

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