H1B stamping denial after f1 to h1b change of status approved from October 1

[from_thr]

My h1b petition was selected and approved and my visa status changed to H1B on October 1 2022. I came for h1b stamping but my visa stamping application might be denied because of issue with LCA. My passport was returned to me through pickup without stamping. Because the change of status happened, my stem opt ended on October 1. I'm expecting a denial letter from consulate at any time now. Any suggestions on what I should do?

 

 

 

[pontevecchio]

discuss the matter with a lawyer.

[JoeF]

What is your "issue with LCA"? If something is wrong you need to get that fixed.

[from_thr]

I work a consultancy. I work for an end client through 2 middle vendors. In my LCA level 1 was selected but the consulate officer suspects it should have been level 2. They overlooked or misunderstood the contractual agreement where there 2 middle vendors. They thought my employer is working directly with client and they are under paying me. I should have properly stressed that there are middle vendors.

 

My passport was returned through pickup without stamping nor denial letter. VFS might have lost the denial letter. I've tried reaching out to VFS. Haven't received any update from the consulate nor VFS about my visa application. 

 

I am planning to hire immigration attorney to navigate the present situation and understand what my options are.

 

 

 

 

 

[giri26]

On 3/10/2023 at 7:15 PM, from_thr said:

I work a consultancy. I work for an end client through 2 middle vendors. In my LCA level 1 was selected but the consulate officer suspects it should have been level 2. They overlooked or misunderstood the contractual agreement where there 2 middle vendors. They thought my employer is working directly with client and they are under paying me. I should have properly stressed that there are middle vendors.

 

My passport was returned through pickup without stamping nor denial letter. VFS might have lost the denial letter. I've tried reaching out to VFS. Haven't received any update from the consulate nor VFS about my visa application. 

 

I am planning to hire immigration attorney to navigate the present situation and understand what my options are.

 

 

 

 

 

Level 1 salary for any profession on H1b is mostly very low. It does not matter how many layers are in-between, your employer needs to be paying you the right salary for the role they are offering. The visa officer does not care about the multiple layers in-between and it is not their concern. The problem for them would have been the salary being paid for the position your company has offered you. Discuss with a lawyer and your employer. I have seen lots of L1 visas denied on the same premise where the Visa officer thought that the salary offered was way too low.