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H1B Extension - RFE due to Salary Descrepancy

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  • H1B Extension - RFE due to Salary Descrepancy

    Hi,

    I am on H4 dependent VISA and applied for H1B last year and it got approved.
    I have been on H1B since October 2015. Since I got my SSN by December 20th 2015, I was told not to work until i get my SSN, and hence I was not working till December 2015.

    I was not able to start until March duo to Health issues and updated the same to my consultancy. Hence, my consultancy did not run my payroll until March 2016.

    I started searching job from April and was not able to get a Job for couple of Months. Until I find a Job, my consultancy was running payroll for 40hrs/Month with Minimum hourly rate/hour.
    But, in LCA the salary is like 52k/year. When I checked with my consultancy, I was told that there is an option for H4 that they can file H1B( moving from H4 ) with 40hrs/month and they filed thru the same way, hence no issues in that.

    I have been with a client for more than 3 months and my consultancy is been running full payroll for me since i started with a client.

    Last month, we applied for H1B extension thru premium and got RFE due to salary discrepancy.

    We have given time till Jan 21st 2017 to respond back to the RFE.

    Now , My consultancy is asking me to Pay $6500 toward the H1B extension. They are trying to charge me $4500 for H1B extension and $2000 for H1B amendments.
    I am told to pay ASAP so that they will be starting the process to respond back to RFE. I guess, they might be thinking that this H1B extn will not be approved hence trying to get all the processing fee from me.

    I paid $4500 for my H1B filing and I was promised that I will be paid back this after started working for a client. But, this did not happen and they were telling like they will pay after 3 months. Now, its been more than 3 months since I am with the client, and my consultancy is telling like they will pay after 6 months. I am not sure if I will be getting this even after 6 months.

    So, I am worried paying $6500 now and feeling bad that I will lose my H1B.

    My H1B expired by September 2015 and extension is pending on RFE till Jan 2017.

    Is there any way to get rid of this?

    If there is no other way, planning to go back to H4.

    Thanks

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