Regarding changing of employer after H1B approval

[sreesai_2019]

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)

[sreesai_2019]

Hi Immi help team,

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

[Libra_14]

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

Certainly.

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.

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.

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.

[sreesai_2019]

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

[rkk09]

Hi Member,

I want to add more points on your question.

1. Is it possible to go to Canada for visa stamping? (Once the pandemic is over)
Answer: It is always recommendable to go first visa stamping at your home country.. Subsequent stamping on same category may be considered at third country.

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?
Answer: Form expiry date will not impact your approval status.. Dont consider those and it will be watched by petitioner not the Beneficiary.

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 $. Is there any possibility to negotiate with my employer regarding the salary to get a hike?(which is with in yyy$)
Answer: Please note, Prevailing wage is fixed.. Your Employer should accept to pay either same prevailing wage or more than prevailing wage... But they should not run your payroll less than prevailing wage.. If you are going to request salary hike yes. you can request and please make sure to update same thing in the LCA under wage offered section.

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)
Answer: Yes. transfer can be happened once you come under H1B status.. Please note, visa stamping will not stop you to transfer the H1B to another Employer while you are in the USA. If your petition is approved with change of status and you got H1B Approval along with I-94 then you can stay, work, do H1B transfer in the USA until you travel to abroad.

Thanks

[sreesai_2019]

Thanks rkk09 for the detailed response