H1B Wage increase question

[mikebroz]

Hi there, I am hoping somebody can shed some light on this issue.
I applied for the H1B visa with my company back in April and have since been approved. My question is, is there any regulations about a H1B worker recieving a wage increase? I ask this because at the time of application I held a position within the company but since then my work load has essentially been doubled due to an employee leaving. I have now taken on that employees job which means I am now essentially doing 2 jobs. My employer is of the impression that he can't increase my wages due to the figures that were entered in my H1B application. He wants to stick to those figures. So what I am looking for is some sort of documentation that I can point out to my boss stating that I can indeed recieve a wage increase without it affecting my H1B.
I have looked online but so far I can't find anything exact on the matter.
Any help is greatly appreciated.
Thanks

[raghvi]

Hi there, I am hoping somebody can shed some light on this issue.
I applied for the H1B visa with my company back in April and have since been approved. My question is, is there any regulations about a H1B worker recieving a wage increase? I ask this because at the time of application I held a position within the company but since then my work load has essentially been doubled due to an employee leaving. I have now taken on that employees job which means I am now essentially doing 2 jobs. My employer is of the impression that he can't increase my wages due to the figures that were entered in my H1B application. He wants to stick to those figures. So what I am looking for is some sort of documentation that I can point out to my boss stating that I can indeed recieve a wage increase without it affecting my H1B.
I have looked online but so far I can't find anything exact on the matter.
Any help is greatly appreciated.
Thanks

It sounds odd that your boss is expecting H1B to keep same salary as original H1 application for entire H1 duration of 6 Years. As long as salary is above LCA it is fine.

This is my opinion not legal advice.

[mikebroz]

It sounds odd that your boss is expecting H1B to keep same salary as original H1 application for entire H1 duration of 6 Years. As long as salary is above LCA it is fine.

This is my opinion not legal advice.

Thank you for your response. I agree completely. Basically what I need is a link to an official piece of information that states a wage increase does not effect the H1B. It's probably so hard to find due to how self-explanatory it is!
Thanks again

[raghvi]

Thank you for your response. I agree completely. Basically what I need is a link to an official piece of information that states a wage increase does not effect the H1B. It's probably so hard to find due to how self-explanatory it is!
Thanks again

Its pretty clear your employer is not willing to increase the wage and is making some weird excuse. All official documents talk about a Minimum wage, I doubt you will find a link which says explicitly what you are seeking. Probably time to find a new employer.

This is my opinion not legal advice.

[Mogu]

Hi there, I am hoping somebody can shed some light on this issue.
I applied for the H1B visa with my company back in April and have since been approved. My question is, is there any regulations about a H1B worker recieving a wage increase? I ask this because at the time of application I held a position within the company but since then my work load has essentially been doubled due to an employee leaving. I have now taken on that employees job which means I am now essentially doing 2 jobs. My employer is of the impression that he can't increase my wages due to the figures that were entered in my H1B application. He wants to stick to those figures. So what I am looking for is some sort of documentation that I can point out to my boss stating that I can indeed receive a wage increase without it affecting my H1B.
I have looked online but so far I can't find anything exact on the matter.
Any help is greatly appreciated.
Thanks

Hi, both the viewpoints are correct. I receive wage increases now and then, so there is no issue with increasing wages (I work for a massive organization, so it's not like they do things under the radar). However, if the nature of the job and pay changes drastically, then the original application needs to be revised (I doubt this tends to happen). Our international tax/visa compliance person confirmed to me that regular wage increases are fine but substantial changes need to be reported. When your H1b petition is renewed, the wage rate gets updated there - so it's not like the regular increases won't be reported in a little while.

I think their primary concern is really with decreasing wages, e.g., say on paper you are paying 80k, and then revise to 40k once employee starts working.

If your employer is doubling your work and not increasing wage rate, that is then illegal: the prevailing wage for the actual work would be far higher. Some of this tends to happen naturally too, so it's not necessary that they are trying to illegally pay you low wages. But they should show movement on wages to be on the legal side of things and to be ethical. Although, the law is one thing and getting people to act while your job is on the line is another.

Your best bet would be to indicate your workload increase and back up the legal argument with some immigration law firm sites' Q&A, where they are talking about wage changes (must be law firm, not internet forum).