Immigration Issues/Salary Difference.


 My employer had filed a visa transfer petition on my behalf and I have received the papers. However, the salary mentioned in the I-797 and other documents is very less than what I am actually drawing. I am planning to go to India for a vacation and since my earlier visa has expired, I would be required to go to the consulate for stamping. Would this be a problem?

My employer will be giving a letter mentioning the current salary and I have the pay stubs. Also, my first pay stub with my current employer mentions the pay period from 18th of the month till 31st whereas I was working from 1st of that month. Would this be a problem?

Thanks and Regards,

Subramaniam: Mostly the problem arises when the paid wage is less than the prevailing wage. However, huge salary differences between the stated wage on the H-1B petition and your current salary  could lead to questions as to whether the job you are performing is the same as the one approved for in the H-1B petition.

But I feel that the consulates are not looking into this and you should be able to get your visa. The discrepancy in the first paystub is not a concern.

Best of luck.


Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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