W2 Pay less than LCA and min wage

[kpmkpm]

Hi,
Hi,
In 2009 in couple of months i was out of project.
was paid for 2 weeks in feb , 2 weeks in march
and no pay in april...joined back project in may.
Have one missing paystub.


My gross pay for 2009 is: $48,972.00
My rate menioned in LCA is: $60,000
min prevailing wage of FL in LCA is $53,414.

my gross for 09 is less than min in LCA

I am planning to go to home country soon and
will have to get stamping done.

My question is
1) since of my gross pay for '09 is less than min
prevailing wage , will that be problem in tamping?

2)If Yes what are the options for me ?

thanks in advance

[shervin143]

Answers below.

Hi,
In 2009 in couple of months i was out of project.
was paid for 2 weeks in feb , 2 weeks in march
and no pay in april...joined back project in may.
Have one missing paystub.

My gross pay for 2009 is: $48,972.00
My rate menioned in LCA is: $60,000
min prevailing wage of FL in LCA is $53,414.

my gross for 09 is less than min in LCA

I am planning to go to home country soon and
will have to get stamping done.

My question is
1) since of my gross pay for '09 is less than min prevailing wage , will that be problem in stamping?

>>> Could be an issue depending on the VO. Your employer is REQUIRED to pay you the minimum prevailing wage as per the LCA. Anything less is a violation of the H1B visa laws and if you complain to DOL, your employer will be in trouble.

2)If Yes what are the options for me ?

>>> I am not sure if there is anything that you could do now to correct your W2, since 2009 is over and YTD amount in your W2 can no longer be changed. Also, USCIS and consulate are strict these days about the post dated wage corrections (Like in your case, getting a pay check right before a visa interview or extension just to show that you got paid as per LCA.)

thanks in advance