Urgent: H1b transfer Dilemma

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Dear friends I am in a very difficult situation, Please help me in my situation below:

I am working part time hourly in company A, they are paying me 12% less per hour rate than the rate in LCA for nine months.

Due to approaching lay off, I have to move on so I am transferring my H1b to company B, will there be any problem to transfer to company B due to this less pay issue in my pay stub?

If there will be problem, what would be the best solution for the problem?

Can I go to talk to my employer to pay me that 12% for those hours I worked in nine months? And if my employer pays me, will my problem be solved? If so how?

I appreciate your time and help. Thank you so much.

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Bennedict

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Words of caution: I may be wrong, but you gotta listen everybody in America and decide on your own, so here I go.

As per my understanding, H1B visa requires that you do not displace any American's porspects to get that job, (after all it is their country, not ours!! America knows how to secure the space for its people from all immigrants, all types of aliens whatever!) This visa also means that you are getting the same pay as any American would have gotten if he/she were hired in that post. So I believe, when your employer filed the petition for this visa on your behalf, it must have proved to USCIS that you are getting paid the understood rate or payscale. (Do you have the copies of H1B papers filed at that time?) I cannot understand how your employer can deny from what it has already promised to USCIS for you. I think it is not you, but your darn employer who can get in trouble, if USCIS is let known about this mess, since your company has lied, which is like basically comitting a crime especially in this country.
As is known, there are always this bunch of people especially Indian shits who are trying to find loopholes to abuse the system and take advantage of people like us.
I would be stumped, if you tell me it is an American company!!

Pendulum

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Bennedict, thank you for your response.

I do have copies of H1b filed papers.

It is a small American not for profit company.

It was their first H1b, almost at the same time of my approval of H1b, their internal conflict made change of management team and I was hired by old management during my OPT. they continued paying me the pay scale as they have been paying during my OPT period.

BetterNepal

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Talk to your laywer who is doing the transfer ..... he or she will be the one to reply your RFI so make sure he/she know's this issue and also the solutions to this.....

Pendulum

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Getting very confusing, can anyone have knowledge about H1b lawyer in MA who can give me effective suggestion in this matter. Thank you for your help in advance.

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