H1B Wage and GC Wage


In my H1B petition my wage is defined as $70000 but last year I got way more than that.


Can this cause any question by USCIS/IRS that why the LCA salary did not match with my total earning?

Let’s say, if I would have gone to my home country for few months, and due to that if I could get less than 70,000$/annum can that could create any question by DOL/USCIS/IRS?


If my employer puts same 70,000$ for GC filing PWD based on my location’s minimum pay can that cause any trouble or create rejection or can turn down my EB category to 3 from 2 even though my experience, present job description or qualification easily match for me to go for EB2? (I have 9.3 yrs exp with BTech (COmputer Sc & Engg) , MBA (Project Mgmt), US work Exp 1 yr from present employer, Worked with other company in India)

Please suggest.

Answer-1. No, Earning more does not raise a flag but earning less causes a DOL alert. triggered by the LCA.

Answer-2. No, because you can still be an employee who does not get paid for leave of absence. Employers are protected on this clause and DOL does not initiate an audit.

Answer-3. No, EB categories are 99% qualification driven and filtered; it does not directly take into account the gross annual compensation. An employer does not need to increase paycheck for EB filing.

Best wishes

Dr. Sandeep Shankar,



Thanks Mr Shankar for all the useful details. MY attorney told me that to qualify for EB-2 I only depends on my present job responsibility and salary. So I thought to go beyond and check on that.

By the way, during PERM / labour filing can the advertisement process and prevailing wage determination process go in parallel hand to hand?

I found that my attorney suggested my employer to put up ad in Local Newspaper for 2 consecutive sundays’ and to DOL job board. But I did not hear about the wage Determination category yet.