I am on an H1-B work authorization. The company applied for my position with a salary of ~$100K/yr (on the LCA and the H1 application) but they actually paid me ~$240K/yr. This year and the next, it will be well north of $300-$330K/yr. Why would they do this? Simple - to be able to pay me a prevailing wage and keep me in status in case the shit hits the fan. If they applied to the government saying they'd pay me $240…
My actual salary will never be reported in an H1 database. The company has to report your actual salary. That's what in this database: http://h1bdata.info/ It's not prevailing wage, it's actual base pay. I can remember at a previous employer that when you file for an H1-B, the company has to post the information in a public place . The form states the prevailing wage and the actual base salary.
I didn't dispute that the job opportunity had to be posted prominently in the workplace with details exactly as stated in the H1 application.
LCA re-applications / H1 amendments are not required unless the location, the position or the nature of the job change significantly. Pay cuts are simply not allowed without informing the government.
Actual base pay >= prevailing wage? Perhaps my using them interchangeably isn't right. However, given a reasonable chance of approval, I would not apply for an H1 auth promising anything above the prevailing wage.
My tax returns / pay stubs are included in H1 extensions, intermediate steps to a green card and in visa applications. They are well aware of the pay raises.
IANAL and I can check with our lawyer again but this was our company's legal advice. If you are a lawyer or know one, this may be a difference of opinion.