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Help!!! Lca Amount Higher Than Base Pay On Monthly Pay Check

Discussion in 'Nonimmigrant Visa Applications' started by popeye1982in, Jul 25, 2015.

  1. popeye1982in

    popeye1982in New Member

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    Hi Ron,
    I was planning to make a trip to India for my sister's wedding.
    Since my previous visa is expired, I will have to get the new visa stamped to my passport at CHENNAI consulate.
    While I was preparing the DS 160, I noticed that the amount shown as base pay in my payslips (for last 2 years) dosent add up to the amount in the LCA. However when considering the bonus part, it is well above the LCA amount.

    LCA salary - 82,400$ per year
    Offer letter/ I 129 - 82,500$
    monthly payslip base pay - 6666.67$ (totaling to 80k per year)
    monthly bonus - 2500$

    My past 2 years W2s show amount higher than 95K.

    It is a clerical error from my employer's accounting section, but I am not sure what is the best approach to be taken here. Employer says it is really difficult to fix the payslips that are already issued. What he can do is to pay the difference as back wages in my next pay check.

    Does the bonus section count against LCA salary? Is there a way to fix this error by adding the difference as back pay in next payslip? Or any other suggestions?

    Since I am planning to go for stamping, I am afraid it will come up in the interview and the VO may revoke the petition. Is there such a risk even if the back wages are paid???

    Ron, Experts, please help
     
    Last edited: Jul 27, 2015
  2. mar212011

    mar212011 Well Regarded Member

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    Your Gross pay in the pay check is what matters along with W2 income reported for previous years. I dont know what they look for stamping interview, maybe Ron can confirm
     
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  3. popeye1982in

    popeye1982in New Member

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    W2 from previous years is always above 95k

    Gross pay every month is around 9000$ (base pay 6666.67 + bonus ~2500$)
     
  4. popeye1982in

    popeye1982in New Member

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  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Take your W-2s with you. Gross pay is what matters.
     
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  6. popeye1982in

    popeye1982in New Member

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    Thanks Ron. Do you think my employer still need to fix the base pay even if the gross(base pay + bonus) is higher than LCA every month?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It would be better if the entire amount was shown as salary.
     
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  8. popeye1982in

    popeye1982in New Member

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    Well..my employer said he will not be able to fix the payslips for last one year...but he can add the difference as back wage in next pay cycle and show the correct basic pay from there after. I believe that would be enough.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That works.
     
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  10. popeye1982in

    popeye1982in New Member

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    Thanks Ron for your input
     

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