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Longhorn Lawyer, Immigration Attorney
Category: Immigration Law
Positive Feedback: 97.3 %
Satisfied Customers: 5671
Experience: Experienced in all aspects of immigration and nationality law.
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I work for a company and a LCA was rcently applied for my extension.

Customer Question

I work for a company and a LCA was rcently applied for my extension. THe salary mentioned on LCA is not paid to me. I'm being paid less. Is it legal? Am I supposed to get the amount stated on LCA?

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Longhorn Lawyer replied 1 year ago.

Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

Were your hours dropped? If you break it down to an hourly rate, does it meet the prevailing wage? Or is it still different?

Did you earn a bonus that would have met the prevailing wage on the LCA?

Customer: replied 1 year ago.

Hi..

Can we chat? I'm a fulltime employer for a company, though they have put me as a contractor in different company I'm being paid monthly a fixed salary.

Customer: replied 1 year ago.

I have not been paid any bonus. Actually the extension was applied only in April 2012 that's when LCA was applied and visa is expired last month. Not sure if this information is important to get an answer

Expert:  Longhorn Lawyer replied 1 year ago.

On the new LCA, was the salary changed? And if it was, are you getting paid that salary? Or is the salary on the extension the same as the old salary, and you are not getting that salary?

Who is paying your salary? And who is shorting you from what is on the LCA?

Customer: replied 1 year ago.

my employer is paying me and employer applied for LCA. On the new LCA salary amount increased and I'm getting the old salary.

Expert:  Longhorn Lawyer replied 1 year ago.

The LCA is actually named the Labor CONDITOIN Application. That means one condition of the sponsorship is that the employer pays you the wage listed on the LCA. Even if you earn more or an employer promises more in any other contract or any other form, they are not required to pay you anything but the LCA. So to answer your question, you are supposed to be getting paid the amount listed on the current, valid LCA.

Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

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