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Less salary on the LCA, 8 years of experience for job level 1

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  • Less salary on the LCA, 8 years of experience for job level 1

    Hi All,
    My initial H1B was stamped in Oct 2007 with job title "Programmer Analyst", job level 1. My extension was approved in June 2010 against the same job title and level.

    I am going for my H1X stamping this week. My job role have changed over the period of time, I have 8 years of experience and my on paper salary in USA is more than the one mentioned on LCA.

    Will this cause any issues during the stamping? Will 8 years of experience for job level 1 create any issues?

    Any help on this will be highly appreciated.

    Thanks,
    Shirish

  • #2
    Getting paid more than the approved LCA is not an issue. If the job responsibilities have considerably changed, then a H1B amendment need to be filed. Check the below link.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
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      Hi Shirish,

      Wondering if you were able to get the stamping completed.
      I had my visa interview this week and the officer issued me a 221G with a requirement for new LCA as I have been working with the same company for about 4 years and my wage level should indicate 2 instead of 1. My employer is refusing to issue a new LCA as there is no necessity for the company to issue a new LCA unless there is a huge change in job responsibilities, in the same field.

      Thanks,
      Nish

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