Prevailing wage - promotion

[Curious2008]

Hello Gurus,

I am on H1-B and I just received a promotion. My company is paying me below the market value for my new title, does that matter or it only matters when a new H1-B is applied? Or should I be getting paid at 100% of prevailing wage?

Thanks,
Curious2008

[irfanullah]

Hello,

Ideally any company has to pay per the prevailing wages. But since your LCA(labour Condition Agreement) is not being changed the companies continue to pay the same rate. The LCA will re worked either if you get re located or if H1 is sent for extension.

Hope that helps.

[txh1b]

If your job is different from what the H1b was for, the LCA MUST be amended by the company. That is the law.

[Curious2008]

Thanks Irfanullah, txh1b.

tx1hb,

My current job is just the promotion of the job for which LCA was filed (I am now a senior analyst). Do my company have amend LCA even thought job responsibilties are almost the same??

I have a GC question regarding this and will post in appropriate forum.

Thanks,
Curious2008

[txh1b]

https://www.immihelp.com/h1b-petition-amendment/