I’m in India and my employer filed H1 B visa for me and it got approved and I got stamped. After stamping my employer wants to reduce my given salary amount and they reduced 15% from my salary and they applied for amendment. Now this amendment petition got denied. Would this affect my original stamped visa, Can I go with my original salary?
H1 B petition expects the LCA must represent the priviling wages to the location of the LCA address. Typically the LCA can contain max 3 work locations. The H1B employee must be paid the highest of the three locations, if the employee happens to be working in ANY of these three LCA locations. But if the employee is ALWAYS based in one single location, that location specific priviling wages should be enough.
I am not sure what is the rational behind the LCA amendment for the salary(usually the LCA would be amended for location).
If the LCA amendment is denied, the underlying H1B petition becomes void.
Need more clarity for the reason of Salary amendment.
Hi,
Thanks for the reply.
Now here I have explained my case in detail below.
Till May 2014 I was in US, through my Indian employer I was working for a client at Detroit, MI. Also my L1 B got expired in Aug 2013 and I was staying there using my I-94 date that was valid till Match 2015.
Since my L1 got expired my employer applied for H1 for the same client and it was got approved.
In the month of May 2014 there was some unfortunate happened at my home back in India. so I forced to come back to India immediately.
As my H1 was in approved status I let all my belongings there in US assuming that I would come back after receiving my H1 stamping.
In December I went for my visa interview and hot my visa.
My H1 was filed with the salary that I was receiving in US, after receiving my H1 my employer reduced my salary due to cost cutting. To update this reduced salary in my I-129 from my employer submitted for amendment.
This is the story behind my case. Please let me know whether my H1 void or not,
When an amendment is denied means, the present petition terms and conditions must be followed without any change(in your case, the original H1 salary must be paid to you. If your employer employer didnt maintain the LCA salary, he would be under trouble, you can talk to local labor department about this. They will catch your employer neck. (but on the flip side, your employer may immediately revoke your H1)