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H1 transfer any problem? I have latest paystubs but I got paid less than LCA amount

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  • H1 transfer any problem? I have latest paystubs but I got paid less than LCA amount

    Hi,

    Initially after coming to US, I did take some time to get the SSN and project. I was not paid by my employer during bench. Today when I apply H1 transfer to new employer B, attorney is asking me about why I was paid less than what mentioned in the LCA. I have all the last 6 months pay stubs. But initially I was not having pay stubs for first 3 months. Will this be any problem in getting my H1 transferred?

    If the USCIS asks the same question or get the query what are the ways that I can answer this question?

    Will it cause any problem in getting my H1 transferred as I got paid less than what mentioned in the LCA?

    Any one faced/facing the same situation, how do you deal with this sort of sitiations, please help me.

    Thanks,
    Rachana.

  • #2
    Initially after coming to US, I did take some time to get the SSN and project. I was not paid by my employer during bench. Today when I apply H1 transfer to new employer B, attorney is asking me about why I was paid less than what mentioned in the LCA. I have all the last 6 months pay stubs. But initially I was not having pay stubs for first 3 months. Will this be any problem in getting my H1 transferred?

    If the USCIS asks the same question or get the query what are the ways that I can answer this question?

    Will it cause any problem in getting my H1 transferred as I got paid less than what mentioned in the LCA?

    ---- You have to get paid the full amount as mentioned in the LCA and for the period that you were not paid. Else complain to DOL using form WH4. Browse through DOL.gov for the form, complete it ansd send it to DOL before trasnferring your H1

    Any one faced/facing the same situation, how do you deal with this sort of sitiations, please help me.

    ----- As above

    Subramanya

    Comment


    • #3
      Yes, there are chances to have problems with the transfer, as the attorney identified right in the beginning. You cannot do anything as the damage is done and cannot be undone. You can try and pray to get lucky not to get a RFE.

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