RP0531 Posted April 14, 2013 Report Posted April 14, 2013 Hello, I am currently on H-1B for Employer A. I got an offer from Employer B and I accepted it. After completing all the pre-employment drug screening and submitting my documents for H-1B transfer; After a week my Employer B came back and said they cannot continue the offer as the LCA Prevailing wage is MUCH high than what they can pay. They cannot increase it anymore. The position is Level 2 and the minimum prevailing wage is 60K. They are offering me 51K (Which I accepted). What can be done next? Is it illegal to pay less than the prevailing wage? Is it Illegal to discontinue the offer because they cannot pay the minimum wage? Any thoughts will help!!!
JoeF Posted April 15, 2013 Report Posted April 15, 2013 For an H1, the salary has to be at least the prevailing wage for the job in the region where the job is located. If the company isn't willing or able to pay that salary, you can't do anything. Next time, find a better employer.
t75 Posted April 15, 2013 Report Posted April 15, 2013 They can certainly with draw the offer; they must pay the wage according to the rules. Find another employer who is willing to pay properly.
mirage13 Posted April 15, 2013 Report Posted April 15, 2013 I think you can go ahead with employer B , as you are Ok with 51K package , but on lighter side 51 is too less.
rahul412 Posted April 15, 2013 Report Posted April 15, 2013 I think you can go ahead with employer B , as you are Ok with 51K package , but on lighter side 51 is too less. Pay cannot be less than what the rules say.
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