H1 Transfer Approved - Wrong LCA used to file petition

USA H1B Visa
1

Hi Sourabh,

Could you please help in the below scenario.

I am working in US on H1 and another big firm filed H1 transfer in premium processing for me and its now approved. I have resigned for my current job after receiving email notification that my petition is approved and on notice period now.

I have received the approved package y’day and found the salary mentioned the LCA used to file petition is way more than the salary offered to me. (Looks like they have selected wrong wage level)

I will discuss this with my company attorney on this but would like understand the following question better.

  1. Is it possible to fix this issue by amending LCA or H1? If its possible will USCIS entertain these kind of amendments?

  2. I am afraid that my employer would rescind (looks like I am thinking too much) offer. If so what would be my options?

  3. Not sure whether they are aware of it or not, I am thinking of informing them after I join them. Is it worth spilling it out before joining them.

I never heard of these scenarios before and not sure of my options to handle this.

Please advise.

2

Check with the comp lawyer…

Yes i think these can be corrected, should not be a big deal as it just a salary number error and rest all holds good. You may be getting another LCA and then get your petition ammended.

There is nothing wrong in asking your employer’s lawyer as it is the mistake on their part. The company will listen to what their lawyer will say, so for you to be on safe side just report it to the HR, who will take care of it with the company lawyer.

3

What happened to this case? Did it get approved?