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Visa
H1B, H4 Visa
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H1B transfer
I have a valid H1b through Apr 2022 with employer A. Since the time I am working with them employer have not paid me as per the LCA. I am being paid 15% less than the approved LCA wage. Also, my last paycheck I have is that for October.
Now, I have an offer from employer B. Attorneys for H1B wants to file for Extension of stay change of employer. I researched and requested to file for Consular processing as I am definitely out of status. But the attorneys say they will file for EOS. I am worried if this might trigger an RFE. In case of RFE, I think they might file for consular processing. Does this approach jeopardize my approval chances? In case the consular processing is requested only as a response of RFE (maintenance of status) will USCIS not see the blatant violation of status?
PS : I have a valid visa stamp and hence would not need another interview if I have to travel.
Now, I have an offer from employer B. Attorneys for H1B wants to file for Extension of stay change of employer. I researched and requested to file for Consular processing as I am definitely out of status. But the attorneys say they will file for EOS. I am worried if this might trigger an RFE. In case of RFE, I think they might file for consular processing. Does this approach jeopardize my approval chances? In case the consular processing is requested only as a response of RFE (maintenance of status) will USCIS not see the blatant violation of status?
PS : I have a valid visa stamp and hence would not need another interview if I have to travel.
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