immediate h1 transfer


lgvisa

Recommended Posts

I just converted my visa from L2 to H1B visa last month. I am not convinced with my current employer. He made me sign in an agreement which said they can pay me $60,000 per annum and they told that we can negotiate about the salary once H1b gets approved. After my h1b got approved, they said that they can pay only $60,000 per annum. They cannot negotiate any further. I wanted to file for my GC and I do not want to do GC with people who try to exploit me. Thus I wanted to do h1b transfer immediately. Will there be any black mark in my record with USCIS if I do the h1b transfer now itself as I did my h1b only recently? Please advice.

Link to comment

LCA=Labor Condition Application, the first thing the employer files for an H1. It specifies the prevailing wage that the employer has to pay to the employee.

http://www.foreignlaborcert.doleta.gov/h-1b.cfm#fil

"The employer must also inform U.S. workers of the intent to hire a foreign worker by posting the completed LCA Form ETA 9035E, for the position. The posting must occur within the 30-day period preceding the date that the labor condition applications is submitted to the DOL. Posting may occur in one of two methods: hard copy or electronic notice. The hard copy notice must be given to the bargaining representative for workers in the occupation or, if there is no bargaining representative, be posted for 10 consecutive days in at least two conspicuous locations at each place of employment where any H-1B, H-1B1, or E-3 nonimmigrant will be employed. Distribution can be by whatever means the employer normally communicates with its employees including electronic postings (e.g., e-mail, bulletin board, and home web page). A copy of the LCA must also be provided to each nonimmigrant worker working pursuant to that LCA."

Link to comment

Archived

This topic is now archived and is closed to further replies.