I came to the U.S. in February 2024 on an H-1B visa with Employer A, and my payroll began March 1, 2024. From March to July 2024, Employer A paid me only 50% of my LCA amount (e.g., $3,000 instead of $6,000). In August 2024, I tried to transfer my H-1B to Employer B, but I received an RFE because the low paychecks raised questions about my maintenance of status. Employer B didn’t respond to the RFE, so the transfer didn’t go through. I stayed with Employer A, and since August 2024, they’ve paid me the full LCA amount. Now, I’m planning to travel to India for my marriage in next 2 months and apply for an H4 visa for my fiancée.
I have Three questions based on this:
- Is it safe to travel India with this situation.
- Could U.S. immigration question me about the unanswered RFE when I return, and if so, how should I respond?
- Could the RFE from my H-1B transfer be brought up during my fiancée’s H4 visa interview?