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  #1  
Old 12-06-2011, 06:30 PM
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h1bjava will become famous soon enough
Default USCIS Client visit

I had a USCIS client visit yesterday. I am on H1B and recently had an extension approved. All went well till the Officer asked about my pay. My LCA states 60000$(the usual amount that consulting companies put) but I earn about 150000$. My employer thinks its fine my pay is more than prevailing wages. I am worried about the big gap. The officer was saying there is a big variation between LCA and actual pay. Will this create a problem? Should a
H1B amendment be filed?
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  #2  
Old 12-06-2011, 06:45 PM
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hi
can you tell me what questions were asked and how did you answer?
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  #3  
Old 12-06-2011, 07:13 PM
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Originally Posted by h1bjava View Post
I had a USCIS client visit yesterday. I am on H1B and recently had an extension approved. All went well till the Officer asked about my pay. My LCA states 60000$(the usual amount that consulting companies put) but I earn about 150000$. My employer thinks its fine my pay is more than prevailing wages. I am worried about the big gap. The officer was saying there is a big variation between LCA and actual pay. Will this create a problem? Should a
H1B amendment be filed?
What do you mean by USCIS had client visit yesterday? Did they come and visit your client where you work, you mean? ...

What questions were asked ? Can you share all ?

When you say, you earn $150K, where it is shown that you earn $150K? Was it your W2 (which cannot have by now for this year) or Paystub showed it? How did you show your paystub when USCIS had sudden visit to your client site?

$60K and $150K -- yes, it is obviously big difference ...
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  #4  
Old 12-06-2011, 07:38 PM
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h1bjava will become famous soon enough
Default USCIS client visit

USCIS nowdays goes to client sites and this was one such visit. My last yr W2 is for 150K but my LCA says 60K.
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  #5  
Old 12-06-2011, 07:42 PM
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h1bjava will become famous soon enough
Default USCIS client visit

Basically I was asked the following:

1. Whom do you report to in your office?
2. who paid for ur H1?
3. your pay
4. job responsibilities

In my case the only issue I see is the huge diffence in pay between LCA and actual. LCA is 60K and actual is 150K.
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  #6  
Old 12-06-2011, 09:42 PM
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Default

There is no rule that prevents you from earning more than what the LCA states. Problem comes when you make less than the prevailing wage on your LCA. You should be fine. Don't forget to donate some of that moolah to IV
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  #7  
Old 12-06-2011, 09:50 PM
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Originally Posted by furiouspride View Post
There is no rule that prevents you from earning more than what the LCA states. Problem comes when you make less than the prevailing wage on your LCA. You should be fine. Don't forget to donate some of that moolah to IV
No...When you earn substantially more than LCA...it needs amendment.
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  #8  
Old 12-07-2011, 01:38 AM
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Originally Posted by h1bjava View Post
USCIS nowdays goes to client sites and this was one such visit. My last yr W2 is for 150K but my LCA says 60K.
USCIS visit is a joke. I work with a bank in Ft Washington. One of my collegue is working there for last 2 yrs. He is from Nepal, so everything is current for him. His labour approved through new employer (He changed when he got job in this bank), he got RFE in 140 and then denied.

Reason for denial, that there is no bank with that name on that premises and it is a warehouse. It was a warehouse of dell before 5-6 yrs, but I joined there, it is a BANK's technology center, I got my LCA for that location and the guy sits next to me, his 140 denied with such a silly reason. We saw the copy of his denial and it was so funny to read that, and very costly for him. Not sure if anyone else has such experience.

His chinese lawyer said that we will now give the location of your employer and never mention this location again.
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  #9  
Old 12-07-2011, 09:21 AM
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Default If your agreement has a variable pay/bonus

Dont know about amendment, but amendment is something that should be proactively done and if you want to handle it now - if your employment contract has bonus language somewhere you could say rest is bonus.

But please consult a lawyer before speaking to USCIS site visit officer.
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  #10  
Old 12-07-2011, 11:20 AM
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I have few questions to ask.
1 - Does your W2 show any amount as other earnings which includes bonus?
2 - In each pay check, was there any amount that shows per diem or client appreciation allowance/bonus?
3 - if any of the above is not there on your paycheck, did you get 150 k direct per annum as salary?
I know you must working as consultant earning 80/hr. in that case you should left some amount with your employer so that there wont be much variation in your LCA salary and actual salary. or You should have taken 30%-40% of 150 k as bonus. But you have to pay 35-40% as tax for bonus.
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  #11  
Old 12-07-2011, 12:48 PM
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h1bjava will become famous soon enough
Default USCIS client visit

My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?
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  #12  
Old 12-07-2011, 01:27 PM
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Default Dont worry if you haven't done anything wrong.

Its okay to get way more than Minimum Wage. As long as you paid taxes for that why there should be issue ? "Minimum" means English word Minimum - its not the Cap or Maximum. Otherwise they would have said it like "Minimum and/or Maximum" etc.. etc..

I dont know if there are any other reasons why are afraid. America doesn't punish success and prosperity as long as you have earned it legally and completed all your tax obligations properly.

However if you have run heavy per-diem and avoided paying tax , you are required to show proof/basis for that and if you cant - you could be in big trouble.

Quote:
Originally Posted by h1bjava View Post
My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?
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  #13  
Old 12-07-2011, 01:40 PM
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h1bjava will become famous soon enough
Default USCIS client visit

Thank you for your reply. The whole amount on the W-2 has been drawn as salary and I have paid Federal and State taxes correctly for the full amount. USCIS Officer asked me why there is a huge difference between actual pay and the LCA during the visit. That is the only reason I was a bit concerned. Do you think an amendment is needed at this point?
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  #14  
Old 12-07-2011, 01:42 PM
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Quote:
Originally Posted by h1bjava View Post
My W-2 shows the whole amount as salary/wages and none in bonus or per-diem. Will this create a problem with USCIS? Will filing a H1B amendment help?
Can you update your profile.
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  #15  
Old 12-07-2011, 02:13 PM
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Default Great - you should have told them the real reason also

If you do consulting you can explain that you negotiated higher salary based on the value that you are going to add in a particular engagement. Also you could have said that you negotiated higher salary because you are a out performer in your skills. As long as you have paid taxes on all earnings and provided them a reasonable verbal explanation , I haven't heard of issues with higher salary than minimum wage.

But I'm not an attorney and if you feel that the reason that you told them was not correct,
talk to your employer's attorney or immigration folks. Don't rely on our answers in public forum.

Quote:
Originally Posted by h1bjava View Post
Thank you for your reply. The whole amount on the W-2 has been drawn as salary and I have paid Federal and State taxes correctly for the full amount. USCIS Officer asked me why there is a huge difference between actual pay and the LCA during the visit. That is the only reason I was a bit concerned. Do you think an amendment is needed at this point?
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