My company just submitted my H1B application and I am waiting on lottery results. However due to certain situations (overall and company's position because of current economy due to coronavirus), I am going to be paid much lesser than LCA for the time being. My questions are:
1. Is this salary cut valid till h1b starts on October 1st?
2. Is the LCA salary mentioned only valid post Oct 1st? Or do I have to be paid the same/higher even while filing my H1b petition?
3. Given that my salary is going to be lesser for a few months, will that have any effect on my H1-b petitions for approval?
A person not in H1B status is not required to be paid the LCA wage.
What status are you currently maintaining? Do you have an EAD related to your status?
Once you receive your H1-B approval, your employer is required to pay the prevailing wage unless your wage is higher.
The higher of the prevailing and actual wage must be paid starting Oct 1 if you are in H-1 status at that point. Why don't you ask our very own immigration attorney about this since he/she is being paid to represent you. The "company's" attorney is also your attorney whether they like it or not.
The employer is not required to pay the wage on the LCA unless the foreign nation is in H1b status. There is no requirement to pay the LCA rate in advance to be approved for an H1b.
