I am on H1-B visa and my salary is less than the Prevailing wage mentioned for my job code and location. My H1-B visa as well as my LCA is valid till 2015. The minimum prevailing wage for my profession has been increased for the period July2012 – June2013 to almost $10K per annum.
When I asked my employer to increase my salary and update my LCA to make it at per with the current minimum prevailing wage, the HR department told me that as I have a LCA which was approved till 2015 they will not increase my salary and my LCA will not be updated.
Also the Department of Labor's regulations require that the wages offered to a foreign worker must be equal or greater than the prevailing wage.
Please advise me if I am eligible for a new LCA and salary as per the revised prevailing wage or not.
I am going to edit the practice area for your question to immigration so that attorneys practicing in that area may be able to assist you. Best of luck.
Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.
Talk with the attorney who handled your matter originally. S/he should be able to help you.
Otherwise, another attorney would need to review your case in detail in order to answer.
Ilir Kavaja, Esq.
The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.
The wage identified on your petition and approved by USCIS is the wage which has to be paid during the period of validity of your employer. If it is valid for three years, the employer does not have to change your wage until they file an LCA to get an extension of the H-1B. They do not have to update it each time the wage changes. If you think this is unfair, consider this: if the prevailing wage drops, they cannot drop your wage, so it goes both ways.
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Thank you and best of luck!
Dwight D. Myfelt, Esq.
Email: [email protected]
Firm Website: www.HammondLawGroup.com
Member: American Immigration Lawyers Association
Please be advised that my response above is NOT legal advice and does NOT create an attorney-client relationship between you any myself. You should NOT take action based solely upon this response. I have not conducted the complete inquiry into all the facts of your case which I would undertake if you had retained me to act as your attorney. Additional facts which we would discuss if you hired me to represent you may very well change the response I have provided above. I strongly recommend you talk to an attorney who is experienced in immigration law in order to receive advice specific to your case. All of the responses which I post on Avvo.com are intended as general information for the education of the public, and should be considered to be a form of advertisement.
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