LCA and/or Amendment change while pay rate got reduced ??


khushipra11

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Hi

I am on H1 B Visa status and recently changed my job from Employer A to Employer B. First day of joining employer B called me asked for reducing my pay per hour rate because of budget cut at client site. My initial LCA was approved on $62/hour and new rate is given $56/hour. My H1 VISA transfer is still processing as i got RFE.

Questions:-
1. Employer B needs to file new LCA because of per hour rate change? (Employer B is saying "hourly rate adjustment was not substantial enough to make an update")
2. Will Employer B need to file Amendment because of this change?
3. If Employer B doesn't change my LCA and/or Amendment, then what all issue i can have in future?

Note:- Minimum prevailing wage for my position is $50.53/hour.

4. Am I good as long as i am getting more than prevailing wage?
5. Am I going to have any issue while going to stamping for my VISA?

Please suggest.

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Seems to be i am already out of status according to you. What should i do. My Employer is not ready file updated LCA. My VISA application is not approved yet so i cann't even change my employer. Please suggest.

You are out of status from the time you were paid less than LCA. File a complaint against employer with DOL. This will help you to get your salary dues and move to a new employer without an issue.

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