H1b transfer need help i am confused.

[vkiran]

Hi everyone. I am working on h1b with company "A" since the last 2 years. I have joined with them on opt in March 2009, they applied for my H1b got approved and started on h1b with them from October 2009. Right now Iam still working for Company "A". Now i have an offer from a company "B" and they applied for my h1b transfer 2 days ago. My question is when I got my first h1b approved with company "A" the prevailing wage listed on my lca was 40000/yr and my salary was 45000/yr. With the bonuses and everything the amount on my W-2 for the year 2010 was 46000. As i was just checking yesterday some wage data and found out that prevailing wage right now where I work (with company "A") has bumped up to 52000 from 40000 in the last 2 years. I have sent my W-2's and recent pay stubs for the h1b transfer with company "B". When processing my h1b transfer petetion will the USCIS look at the prevailing wage thats existing right now which is 52000/yr (in this case i am getting paid less than current prevailing wage situation) or will it just look at my previous approved lca which is 40000/yr.(in this case iam well above the prevailing wage I was approved for back in 2009). My position with company "A" is full time and the position I am willing to take with company "B" is full time too and company "B" is a top 10 company in the nation in design engineering.
I am confused what is gonna happen with my case. I am scared will I be getting an RFE or denial in this case. Any body faced a similar situation. please help me. Thanks.

Vikram

[txh1b]

You will be fine. Your W2 should be more than the approved Labor. What the market currently determines applies if there was an amendment filed.

[vkiran]

Thanks a lot for your reply sir. My company did not file any amendment. They don't even know that I am going for a transfer. I guess from your answer I should be fine. Thank you very much.

[txh1b]

Yes, from the perspective of the concern that you brought up, you will be fine. Other factors that impact the approval are things with the new company, their age, the work involved, your qualification etc. You are the best judge for those.

[vkiran]

The new company has been in business since 1950's and is multinational with around 150 offices in US and more than 10000 employees and my qualifications are a perfect match for the position they are offering. I am hoping it will be a fair deal with them since they hire a lot of engineers on H1b's for full time positions.

[shervin143]

Just to be on the safer side, it is advisable that you join the new employer only after a successful H1B transfer rather than joining immediately upon receiving the receipt notice. There is always a premium processing for H1B which will get you the result within 15 days (In case you are in a hurry to join the new employer).

[vkiran]

Sure shervin. I wont be resigning at my old employer until I get the h1b transfer approved with the new employer. And they have applied for it with premium processing. My main concern was with the W-2 and lca thing which i have posted in this thread to begin with. I am not in a hurry to join the new employer. They are aware of the transfer situation and given me enough time to join when I am ready with the approval.