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Regarding changing of employer after H1B approval

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  • Regarding changing of employer after H1B approval

    Hi Immihelp team,

    I'm currently in L1B visa and staying in the USA. My employer applied for change of status to H1B this year and petition got approved(effective from Oct 1st 2020). I got the approval documents and have following queries,

    1. Is it possible to go to Canada for visa stamping? (Once the pandemic is over)

    2. Also observed that I-129 Form expiry date is Oct 2021, while my approval notice(I-797A), LCA is valid till Sept 2022. Does that mean I need to for extension in 2021 based on I-129?

    3. Also in LCA, my employer specified the wage range [assume the wage range is from ( xxx $ to yyy $)]. Now my employer set the prevailing wage as xxx $. Is there any possibility to negotiate with my employer regarding the salary to get a hike?(which is with in yyy$)

    4. There is an offer from my Client company to transfer my H1B from current employer. Is it safe to accept that offer now? Due to pandemic I don't have new H1B visa stamped in passport and I don't know when I can travel outside USA and get it stamped. Is it safe to transfer H1B from current employer to client company immediately after switching to new H1B visa? (with the support of approval notices, forms)







  • #2
    Hi Immi help team,

    Could you please provide me some insights into the above queries? Thanks!

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    • #3
      Originally posted by sreesai_2019 View Post
      1. Is it possible to go to Canada for visa stamping? (Once the pandemic is over)
      Certainly.
      Originally posted by sreesai_2019 View Post
      2. Also observed that I-129 Form expiry date is Oct 2021, while my approval notice(I-797A), LCA is valid till Sept 2022. Does that mean I need to for extension in 2021 based on I-129?
      Your 797 will have precedence over I129. So go with your 797 expiry date.
      Originally posted by sreesai_2019 View Post
      3. Also in LCA, my employer specified the wage range [assume the wage range is from ( xxx $ to yyy $)]. Now my employer set the prevailing wage as xxx $. Is there any possibility to negotiate with my employer regarding the salary to get a hike?(which is with in yyy$)
      That depends between you & your employer.
      Originally posted by sreesai_2019 View Post
      4. There is an offer from my Client company to transfer my H1B from current employer. Is it safe to accept that offer now? Due to pandemic I don't have new H1B visa stamped in passport and I don't know when I can travel outside USA and get it stamped. Is it safe to transfer H1B from current employer to client company immediately after switching to new H1B visa? (with the support of approval notices, forms)
      Better to have the visa stamped first & then transfer to a new employer. I guess for H1 transfer you need to provide recent payslips while on H1, so you need to switch to H1 first & then transfer.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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      • #4
        Thanks, Libra_14 for your detailed explanation. You're very helpful as always!

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