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will Boss-B's H-1B petition be approved although Boss-A underpaid me for 3months?

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  • will Boss-B's H-1B petition be approved although Boss-A underpaid me for 3months?

    During my first 3 (and only) months as H-1B, Employer-A's paystubs were below prevailing wage.
    Now Employer-B offers to employ me starting March 2nd.

    QUESTION:
    Will Employer-B's H-1B petition be denied b/c I was underpaid (which is actually the reason I looked for Employer-B)?

    Thanks,
    JLMA888

  • #2
    Depends. File for a H1b transfer under PP and also Why not file a complaint with DOL on a WH4 form?

    They MUST pay you what they said on a LC. That is the law!

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      if I do not do not complain with DOL, will transfer to Boss-B be denied?

      if I do not do not complain with DOL, will transfer to Boss-B be denied?

      you say "depends"; what does it depend on?

      why premium processing?

      thanks txh1b,
      jlma888

      Comment


      • #4
        USCIS reserves the right to go back in time and retroactively revoke any approved petition if it detects any wrong doing or fraud. There is a difference between doing the right things and taking **** from fraudulent employers. You seem to choose the latter.

        USCIS can revoke previous H1bs if they find out at any time in the future that the person was not in status.


        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          ok, so then what do I need to do in order to make sure Employer-B's petition is appro

          what should I do then in order to make sure that USCIS will not deny Employer-B's petition because I was underpaid by Employer-A?

          Please, let me know what I should do.

          Thanks, JLMA888

          Comment


          • #6
            My very first post has the answer. Complain to DOL on a WH4 form.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Wh4

              I see,
              should I file WH4 form with DOL, BEFORE or AFTER Employer-B files H-1B petition?
              thanks,
              JLMA
              Last edited by JLMA888; 02-05-2009, 07:41 PM.

              Comment


              • #8
                you will come to know the meaning when your visa will be denied.

                Didn't you read others that they are checking for all sorts of documents to see if you ever breached a single visa law?

                Some people learn the hard way..

                Ajay

                Originally posted by JLMA888
                if I do not do not complain with DOL, will transfer to Boss-B be denied?

                you say "depends"; what does it depend on?

                why premium processing?

                thanks txh1b,
                jlma888

                Comment

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