Current salary less than salary stated in H1B petition LCA?

[WinLay 0]

We just had performance review at work and my salary is based on that now however my h1b is approved recently and on LCA it said ##K amount. I am working under nonproft organization. In reality, I am earning less eventhough i m in H1b now, how can i talk to my employer about this?

What are the legal perspective that I can take?

[Boiler 45,579]

You can point out the legal minimum they have to pay you. Perhaps mention the need to discuss the hissed with their immigration lawyer.

[justashooter 430]

you are just now finding out about the "great big white elephant in the room" that nobody is willing to talk about.

as an H1-B you are dependent on the good will of your employer. if you cause trouble you will "get to go home" real soon. if you shut up and take the lower rate you get to keep your job. this is why H1-B exists. to allow companies to pay foreign people less than they would pay an American to do the same job. Truth is, most H1-B workers in USA have phony papers anyway, and are incompetent at their jobs, so the net result is loss for the company, but the truth keeps getting pushed around and the bean counters never face reality, so in the end, everybody loses. this usually happens when a job goes to the low bidder, no matter what the industry.

so forget the idea of becoming rich in America. you're just a tourist, anyway.

[JohnR! 5,495]

We just had performance review at work and my salary is based on that now however my h1b is approved recently and on LCA it said ##K amount. I am working under nonproft organization. In reality, I am earning less eventhough i m in H1b now, how can i talk to my employer about this?

What are the legal perspective that I can take?

You can and you should speak to your HR manager. It may have been an oversight or it may have been deliberate, or there may be another explanation altogether.

There is no harm in asking politely. Depending on the answer, consider looking for another job.

[zibrnp 2]

This is what I did in my case.

I went to my manager and told her that USCIS approved my H1B petition based on Labor Department certificate.

That certificate says that my base yearly salary should be $x.

If in the future, I would not be able to show W-2 with salary approved by DOL my visa would not be extended.

And she said ok we need to fix it...

In my case it was easy, i remember it was very stressful for me.

Regards

[Boiler 45,579]

There was a recent report of a prosecution of an Employer of H1's where they had been benched and were not receiving their correct pay. Try Shusterman.