Am i illegal?

[amiintrouble]

Hello everyone..
I just had an urgent query.
My company had mentioned a certain figure on my LCA but they paid me a few thousand dollars less last year-- about 6000$ less compared to what was mentioned on my LCA.
When i queried my manager, he said that it can be taken care of by getting a leave of absence form thereby explaining the missing amount.

If somebody could please explain. i would be very thankful. I wanted to go for my H1 stamping but am now scared to do so.

thank you in advance.

[Nishant]

You need to get paid continuously without interuption to maintain your status. If there is some difference between what you are paid currently and what your company declared what you will be paid, it is for your company to explain.

If you want to take leave without pay while on H visa, you must leave USA during that period for the leave to be valid.

[amiintrouble]

Are you sure about that? Because if i was on leave for a month visiting some other place in the US, would my employer still have to pay me.
Somebody told me that the minimum wage that has to be earned by a H1 worker is 36 K.
I am well over that but a few thousand short compared to what is mentioned on my LCA.

[veena_swsh]

If your consolidated pay for 2005 is above the mandated LCA then no problem at all. If there has been any period for which you do not have a pay-stub, you will need explain that. It will also help if you have paid the taxes for 2005 and have the w2.

[amiintrouble]

WHat is the mandated LCA amount- 36 K or the amount mentioned on my LCA.
I have my w2 for 2005 but havent still paid my taxes.

Could you please clarify veena??

[amiintrouble]

So just to be clear... if my W2 amount is less than the one mentioned on my LCA, i am in big trouble unless my company can explain the difference in the two amounts. IS that right??

Please let me know as soon as possible and I will be deeply grateful for your replies/advice.

Thank you

[angus123]

You will not be in trouble, your company will be in big trouble. They lied about how much they would pay you. That could be very expensive for them. I suggest that you tell them and get them to pay you the money otherwise they will face legal action. You should not worry because you did nothing wrong. If they fire you, you can sue them.



it has all the h1bs that were given to people in New YOrk between 2002-2005 and you can get the company name and apply for a job with them if you like.

[veena_swsh]

So just to be clear... if my W2 amount is less than the one mentioned on my LCA, i am in big trouble unless my company can explain the difference in the two amounts. IS that right??

Please let me know as soon as possible and I will be deeply grateful for your replies/advice.

Thank you

It will certainly be an issue if you were to go for H1B stamping. If the difference is not much, then you can get an explanation from your employer. If there is a major difference, then you might be in trouble. Which consulate are you going for stamping?

[amiintrouble]

Its about 6000$ less.
Well..i was planning to go for stamping but will postpone it.
My problem is that now I will always have this issue because my W2 will have to be shown whenever I go for stamping.