How to amend the LCA for reduced wage

[mkk]

Hi,

I have a situation. My employer is going through a financial crisis, and have asked me if I can agree to working for a reduced wage. Unfortunately, this is my first month here in the U.S and the payroll processing is happening as soon as my SSN id was got.

It took about one month, and I was paid in cheque earlier (which will be adjusted and mentioned in the paycheck and I have records of it.)

The office has a biweekly payout, (every second friday) and now that I got in to payroll (with ADS if im right), they've agreed for a $1500 biweekly. This does not match up with the LCA records (on which the annual payment is $75k).

If I don't agree to it, I will be losing the job and most likely should be flying back. I dont want that to happen as my family too is here.

The question is how can I amend the LCA? How much will it cost, and do I have to hire an attorney to do it? (My application was filed by an attorney earlier.)

[kabkaba]

You don't amend the LCA. Your employer does. They file the LCA with new wage. The new wage has to be greater than prevailing wage. Your employer can hire a lawyer to do it.
If the employer decides to terminate your employer they are required to pay your airfare to home country.

[mkk]

Thanks.

Sad to know that the wage cannot be lesser. My employer says they will pay the lesser amount now and will "sort it out later". I have their emails stating this, but is that really possible? Like pay me less the first couple of months and match up the promised yearly amount later on?

You don't amend the LCA. Your employer does. They file the LCA with new wage. The new wage has to be greater than prevailing wage. Your employer can hire a lawyer to do it.
If the employer decides to terminate your employer they are required to pay your airfare to home country.

[shervin143]

It is illegal to do so. You should get paid as per the LCA or you can complain to DOL and make the employer pay. If your pay slips show less pay compared to the approved LCA, then you will get into trouble later with USCIS (while filing new petitions) or with the consulate (when you attend visa interviews).

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

Thanks.

Sad to know that the wage cannot be lesser. My employer says they will pay the lesser amount now and will "sort it out later". I have their emails stating this, but is that really possible? Like pay me less the first couple of months and match up the promised yearly amount later on?

[mkk]

So if I demand them the pay, they can fire me immediately and I have to go back to India as well right? All they are liable for is the tickets.

It is illegal to do so. You should get paid as per the LCA or you can complain to DOL and make the employer pay. If your pay slips show less pay compared to the approved LCA, then you will get into trouble later with USCIS (while filing new petitions) or with the consulate (when you attend visa interviews).

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

[shervin143]

They cannot fire you just because you asked them to pay your salary. Consult a good imigration attorney and they will be able to help. I also sugggest that you file a complaint with DOL and then transfer your H1B with the copy of the complaint and your H1B transfer should go through fine (provided other documents from the new employer are in order).

So if I demand them the pay, they can fire me immediately and I have to go back to India as well right? All they are liable for is the tickets.

[mkk]

Transfer the H1B to another company you mean, right? I'm looking for other options for this.
Also I consulted an attorney and she said, its ok so long as they add the remaining salary to my payroll under the W2 and not as bonuses or anything. The final year amount should match up however.

Meanwhile, if there is some other job I can find, I can move.

They cannot fire you just because you asked them to pay your salary. Consult a good imigration attorney and they will be able to help. I also sugggest that you file a complaint with DOL and then transfer your H1B with the copy of the complaint and your H1B transfer should go through fine (provided other documents from the new employer are in order).