H1B TRANSFER DENIEL

[OYE]

My brother's H1B transfer to a new employer was denied by giving a reason that he did not meet the salary threshold for a few months in the previous employer. The previous employer had reduced his work hours few months due to less projects and that impacted his salary for those months. When they realised this they made his hours as before. However now when he applied for a transfer he received a denial. What can be done in this situation? What are the options as the denial is due to a historic event it can not be corrected so not sure what he can do. please suggest if there is any best way to move forward. His visa is valid till 2027. 

[pontevecchio]

Your brother should discuss his specifics with an Immigration Lawyer.

[JoeF]

Rule #1 for H1: The person ALWAYS has to get paid at least the salary listed on the LCA.

If the job hours get reduced the LCA has to be amended to reflect that.

The employer dropped the ball on this. Your brother needs to contact a good immigration lawyer for a way out of this.

[Attorney_20]

He needs to have another H1B petition filed for him for consular processing and he needs to leave the U.S. to apply for an H1B visa to reenter the U.S. in H1B status again. He is currently unlawfully present starting the date after the denial. If he's unlawfully present for 180 days or more, he's subject to a 3 or 10 year ban from reentry.