W2 from my old employer is less than LCA

[priya12]

I was with company A from August 2008 to August 2011.I switched to company B in September 2011 and will be going to Chennai for stamping in November 2011. My W2 with my old company for 2009 is less than the LCA salary(about $3000 less). Will this affect my stamping with my new company? If questions asked, will i be held responsible?

[shervin143]

No one can predict whether it can cause issues or not. It depends on the VO and the documents that they verify. Getting paid less the LCA is always an issue. It shows that you are out of status sometime or the employer did not pay you as approved by DOL thus violating the H1B regulations. Since you did not complaint to DOL at that time, it will be most likely considered you are out of status if they verify the W2 for that year.