H1B AMENDMENT for skill level change

[Sumanth Dachiraju]

My employer is moving me to another location of worksite with same Client from location A to B. My wage level in LCA is level 2 at location A. Now employer is applying for H1-B amendment to B location and trying to change wage level to 1. the job duties remain same. Employer is trying to reduce the level just to decrease the salary.
Will USCIS accepts for this change and approve the amendment? If they deny what are the next steps to be taken?

[h1b_indian]

Can someone please reply to this? I have a similar problem where my wage level was incorrectly assigned as 3?

[h1b_indian]

Can someone please reply to this?

[shervin143]

Employer can certainly file an LCA for lower wages. Once approved, they will try to use that LCA to file the H1B extension. It is up to USCIS to decide whether to approve or deny that extension. If they figure out that your roles and responsibilities are the same but your wage level is been lowered, then they can raise an RFE. It depends on the officer who handles your case and how much he /she looks in your previous petitions and LCAs.

1) If USCIS deny your extension and if your I-94 has already expired, then you will have to leave the country.
2) If they deny and your I-94 and previous petition is still valid, you can continue to work at the location approved on your previous petition and the employer should pay you as per that approved LCA. You cannot move to the new location. The employer will need to file a new LCA with the correct wage and file the extension again. You can also transfer the petition to a new employer if your I-94 remains valid.