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In short, my Employer did not provide the LCA and other documents in the H1 application packet till the last minute and as a result I entered an estimate on DS-160 form. Now it turns out the salary quote on the LCA was 10 k $ higher than my estimate on the DS-160 form. I made this estimate based on the actual bi-weekly pay I get. When I enquired my lawyer I was told that their office came up with that number (called it a prevailing wage) explaining that it is the minimum wage I should make. But as I said earlier I am getting paid 10 k $ lesser than the prevailing wage. My ds-160 and the paychecks that I would be handing over to the consulate during my visa interview will explicitly show I am getting 10 k lesser than the quoted amount on the LCA. Is this a major problem? and if so Is there any reparations that I make to rectify it.
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Well if the employer is paying you less than the LCA it is a violation and could potentially jeopardize your visa, petition and future GC too. You need to have a hard talk with your employer as to why are you getting paid less than the LCA.Originally posted by Girish kumar View Post
This is my opinion not legal advice.
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