4 ms·

I am on an H1-B work authorization. The company applied for my position with a salary of ~$100K/yr (on the LCA and the H1 application) but they actually paid m

I am on an H1-B work authorization. The company applied for my position with a salary of ~$100K/yr (on the LCA and the H1 application) but they actually paid me ~$240K/yr. This year and the next, it will be well north of $300-$330K/yr. Why would they do this? Simple - to be able to pay me a prevailing wage and keep me in status in case the shit hits the fan. If they applied to the government saying they'd pay me $240K/yr, and for some reason they had to give me a pay cut, I'd be out of status or we would have to make a less-confident amendment to my H1 auth. A pay cut amendment should be viewed with skepticism in my opinion and I would avoid it. It's like underpromising and overdelivering. My actual salary will never be reported in an H1 database. But it will be on my tax returns. This isn't a common case but just something to keep in mind.

refurb 10y ago
My actual salary will never be reported in an H1 database. The company has to report your actual salary. That's what in this database: http://h1bdata.info/ http://h1bdata.info/ It's not prevailing wage, it's actual base pay. I can remember at a previous employer that when you file for an H1-B, the company has to post the information in a public place. The form states the prevailing wage and the actual base salary.
- throwaway100217 10y ago
  Well, one can pay out using bonuses, distributions and any number of other instruments. I didn't dispute that the job opportunity had to be posted prominently in the workplace with details exactly as stated in the H1 application. LCA re-applications / H1 amendments are not required unless the location, the position or the nature of the job change significantly. Pay cuts are simply not allowed without informing the government. Actual base pay >= prevailing wage? Perhaps my using them interchangeably isn't right. However, given a reasonable chance of approval, I would not apply for an H1 auth promising anything above the prevailing wage. My tax returns / pay stubs are included in H1 extensions, intermediate steps to a green card and in visa applications. They are well aware of the pay raises. IANAL and I can check with our lawyer again but this was our company's legal advice. If you are a lawyer or know one, this may be a difference of opinion.
- blntechie 10y ago
  The company has to file the salary only when they submit a new or extension petition which could be valid up to 3 years. So if OP had a salary increase from $100K to $240K since his original petition, it won't be reported until the company files for his extension or Green Card processing.

refurb 10y ago

My actual salary will never be reported in an H1 database. The company has to report your actual salary. That's what in this database: http://h1bdata.info/ http://h1bdata.info/ It's not prevailing wage, it's actual base pay. I can remember at a previous employer that when you file for an H1-B, the company has to post the information in a public place. The form states the prevailing wage and the actual base salary.

throwaway100217 10y ago
Well, one can pay out using bonuses, distributions and any number of other instruments. I didn't dispute that the job opportunity had to be posted prominently in the workplace with details exactly as stated in the H1 application. LCA re-applications / H1 amendments are not required unless the location, the position or the nature of the job change significantly. Pay cuts are simply not allowed without informing the government. Actual base pay >= prevailing wage? Perhaps my using them interchangeably isn't right. However, given a reasonable chance of approval, I would not apply for an H1 auth promising anything above the prevailing wage. My tax returns / pay stubs are included in H1 extensions, intermediate steps to a green card and in visa applications. They are well aware of the pay raises. IANAL and I can check with our lawyer again but this was our company's legal advice. If you are a lawyer or know one, this may be a difference of opinion.
blntechie 10y ago
The company has to file the salary only when they submit a new or extension petition which could be valid up to 3 years. So if OP had a salary increase from $100K to $240K since his original petition, it won't be reported until the company files for his extension or Green Card processing.