Hi,
I got my h1B stamped in Apr for a client in Minneapolis. My role was web developer. But now the client is asking me to come to a city in California to work for the same project. But my employer says the LCA cannot be processed for the new location due to wage restrictions. When I looked into the LCA site, the salary wat my company will pay is around the Leve1 2 salary for both the locations. I dont understand what could be the problem in LCA processing. is it mandatory to file new LCA .Can you please clarify.
Yes, new LCA is required for the new location. CA is an expensive state, and your employer may not be willing to pay those wages.
Yes, LCA certification is a prerequisite for any location change.
Generally salary is determined based on this
http://www.flcdatacenter.com/
when there is any new appointment, and when the petition is send for LCA approval.
Unless ur company’s client is willing to pay the extra wage, I am pretty sure ur employer will never allow such a move.
Thanks for the answer Saurabh. As far as I saw in the FLC site there are no much difference in the wages for (Level 2) both the locations. The wage paid by my epmloyer is around Level 2 wage only for all the states. Does no of years of experience matter with the wage determination
The job code is what determines the salary. If you see that both salaries are same, you can talk to employer about their reservations.
Thanks. So what determines our salary? How can we decide whether we fit in what level.
How can we decide we fit in what level. I mean level 1, 2, 3 ,4.