Wage Requirement for new H1B rule when transfering h1b


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Hello All,

Thank you for your time in advance.

I am employed full time with Employer "A" in Moutain View California as Firmware Developer with 110k per annum. I have a Bachelors's and Masters's degree in Electronics, Embedded Systems, Communications, control systems. Due to the pandemic, Situations are not so good at Employer "A"(possible layoffs in near time).

I got a new offer from Employer "B" with 140k per annum in Oakland, CA. but the Title of the position is Senior Software Engineer. I will be working on firmware development here too.

Technically I will be doing the job of L3 level at Employer "B" and also I won't be managing any team yet. when asked about it we have been told all the levels were removed by the new rule and the new prevailing wage 95 percentile is 208k.

My new employer and I are flexible with the Tile given (maybe Firmware Engineer or Developer) and also The place I work( maybe Permanently Remote ).

Due to the new H1B rule my employer lawyers are concerned and say that the prevailing wage is 208k in the county(Oakland, CA).

Here is the question I have now.

1. can my new employer transfer my h1b with 140k per annum with the title as Firmware Engineer or Firmware Developer.

2. If the above is not possible, can I move to a new place outside California where the prevailing wage is appropriate with 140k, and then can my employer transfer my h1b then.


Please correct me if I have stated any obviously wrong statements or mistakes.

And also it would be great if anyone can give me a possible alternate solution to my problem.

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