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I came to my H-1B and wife's H-4 visa interview with my family to Vancouver, Canada. This is my third time here, and unfortunately got a 221(g) denial: The reason is my W-2 wage is $45000 more than my LCA wage. I am worried alot. Please let me know your views about my case in present situation and let me know where I can find more information about this.

Visa Officer took all my pay stubs, all my w2s, I 797 approval, DS 160 confirmation page, H-1B and H4 passports. He said my LCA wage is less than w2 and paystub amount and he wants to report that to labor department and see whether my employer is doing labor violation

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    So is this a visa renewal, and the visa officer is concerned that you're being paid substantially more than the LCA amount? Is there any amount in that 45k which is optional or discretionary - like annual bonuses? – brhans Jun 8 '17 at 18:54
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    and 221(g) isn't actually a denial - its a hold while they go look for further info. – brhans Jun 8 '17 at 18:56
  • Thanks brhans for your comments... this is my 3rd visa renewal... same cases last 2 times got approved in Obama administration...yes what is said about VO concern is correct.. yeah they didnot deny it.. its in a hold.. but worried alot regarding all the new developments after Trump presidency... – Ziggler Jun 8 '17 at 19:55
  • The reason I ask about the source of that 'extra' 45k is that the VO is only supposed to look at the 'guaranteed' base salary when comparing to the LCA because that's what the company has to pay you in order to comply with the H-1B rules. Although even if your base salary is significantly more than the LCA amount I can't see why it should concern the VO... Last I heard, The Donald was tweeting about raising the minimum salaries for H-1Bs to try to prevent abuse of the system - so even that shouldn't be causing you trouble. – brhans Jun 8 '17 at 20:12
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    The LCA would include a job title, duties, and minimum pay. If someone is getting paid significantly more, or less, than something's wrong in the LCA. The person's was hired for job that they're not really doing. – mkennedy Jun 9 '17 at 19:40
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Interview date & Time: June 05 2017 at 7:45am

Case created : June 01 2017

First Status update: June 13 2017

Second Status update: June 14 2017 at 9am. Status changed from Administrative Processing to Issued.

Got passport tracking mail with Waybill number at 12:15 noon on June 14 2017.

Collected passport on June 15 2017 at 10am and came back to USA on June 15 2017 evening.

Total 9 working days including interview day.

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