H1b Transfer( any issues)

[Krengineer]

Hi,

Here is my situation,  h1b approved like two months ago, and my last two months pay was 500$ less per each month from the start date. 

LCA was 78,000,  But the current pay scale was set to 72,000/12=6000(from last two months) its an human error.

I figured this out recently and spoke to the employer and didn't see positive movement and he said he correct it later sometime, so I am looking to change the employer, Since to change my employer I have to  to submit at least my last three months pay slips for the transfer. 

Does any one think that less pay in Pay slips than lCA from current company leads to h1 transfer denial or issues?

Any advice is greatly valuable and appreciated. 

[xTDx]

It should create an issue , however, it rarely does. In theory if USCIS or DOS/consulate catches it while h1b extension or visa stamping, you may be issued a rfe or 221g admin processing or a denial in worst case.   Your employer in in violation of H1b law if not meeting the LCA terms. They should correct this asap and if I were you, I would quickly move to a better employer.

[Krengineer]

On 3/25/2019 at 1:09 PM, xTDx said:

It should create an issue , however, it rarely does. In theory if USCIS or DOS/consulate catches it while h1b extension or visa stamping, you may be issued a rfe or 221g admin processing or a denial in worst case.   Your employer in in violation of H1b law if not meeting the LCA terms. They should correct this asap and if I were you, I would quickly move to a better employer.

Hi xTDx,

Thanks for the reply.  you mentioned it would create an issue with stamping or extension. So, I can transfer to other employer with those less pay slips right?  

No issues for transfer?

[xTDx]

You can try and see if USCIS finds it problematic. No one here can tell you for sure. Its better to stay away from such shady employers who violate the law every now and then.