Dear Friends, please help me with this. My employer had assured my of increasing my wages after h1-b gets approved (as they have to as per law) but unfortunately i could not make it through the lottery this year. They had filed my LCA and got it approved, now that i did not make thru the lottery i have to fight for my pay raise. as far as i know LCA approval means they have to pay the Dept of Labor mandated wages. any advise is well appreciated
They are required to pay you those wages only if you move to H-1. I don’t know what your current visa status is. Assuming it is OPT or L-1, they are not subject to LCA filed for H-1.
You can still discuss w/ employer that you were supposed to work on XXX role which has YYY prevailing rate as per LCA. Even though H-1 didn’t go through, you are still getting less than YYY while working as XXX. This means you are getting underpaid than other people in US and would like to get paid fairly. Its then their discretion what to do.