Does my H1B Transfer gets denied if I take a new offer which pays less around 10k than my previous job?
Asked on Jan 17th, 2023 on Immigration - Minnesota
More details to this question:
Hi, I was working as a full time for X company as OPT.I found a company Y who got job suitable for my profile and they filed my H1b which got approved in sept2022.However the company X got into contract with company Y to continue my services as consultant. After 3months the company X approached me to transfer the H1B but company X is offering less pay &if I add the benefits to the base pay it would be close to what I am getting now. I donot want USCIS to view this negative & deny my transfer
Wages for H-1B specialized occupation jobs and their acceptability to USCIS depend upon whether the sponsoring organization is able to meet prevailing wage standards as determined by the Department of Labor in the labor condition application (LCA) which is a prerequisite to the filing of the H-1B petition. I doubt that USCIS is very vested in the fluctuations of what an organization decides to pay H-1B workers within a range of wages which are all above the prevailing wage. The thing to watch out for is that the company does not reach far out for a low-wage standard in an occupation which may not fit what you are actually doing and chance receiving an RFE or denial from USCIS because of the overreach. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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