H1B Transfer - Status Question

[rahulbs]

Hello All,

This is my first post here. Please excuse me if there is any mistake.

I have applied for H1B transfer for an American Company(Less Pay but Peace of Mind). I am presently working for an consulting firm (with Higher pay but it has its own glitches).

The amercian company has sent H1 Transfer docs on March 23rd,2009 and i have got the start date in the first week of April as they assumed that i would get the reciept number by APril 1st,2009.

A. Now, when should i inform my consulting company about my new job and give resignation to that company. Should i do it after the first week of April,2009 (After i get the start date) or After i get the H1B transfer approval.

B. Will the Lower Pay in the American Company will cause any problem in the process of H1 Transfer.


Thanks and Regards,

[ttrx]

A. Now, when should i inform my consulting company about my new job and give resignation to that company. Should i do it after the first week of April,2009 (After i get the start date) or After i get the H1B transfer approval.

- Make sure you give 2 weeks notice to your employer as per US law or he might trouble you at later point of time.


B. Will the Lower Pay in the American Company will cause any problem in the process of H1 Transfer.

- Just make sure the company pays you as per the LCA of the local state. I mean check the annual salary. If company is paying as per LCA no problem.

[txh1b]

As many H1bs are getting denied, I would ask you to PP your case, join the new company only after getting the approval notice.

2 week notice is just a professional ethic and has no legal ground as employment is at will.

[rahulbs]

Thank you both for your prompt response.

1. They are doing the Premium Processing. I think I would be joining before getting the approval of H1 Transfer(Will this cause any problem?) and ask my employer to keep my H1B on Hold, so that if anything happens (that i wish not) i can move back to my previous employer.

2. The Salary they offered is 45K + 20% bonus, The Job location is in Pennsylvania (PA), My present job has 60K salary and it is in New Jersey.
(As i didn't find any info when i googled about the minimum LCA in PA).

Looking forward for your response.

Thanks and Regards,

[txh1b]

45k and H1b approval looks way off. Check the prevailing wage.

[rahulbs]

I found this on FLCDatacenter for a computer specialist in my location.

Table: Computer Specialist:

Level 1 Wage: $26.56 hour - $55,245 year
Level 2 Wage: $32.12 hour - $66,810 year
Level 3 Wage: $37.67 hour - $78,354 year
Level 4 Wage: $43.23 hour - $89,918 year


I don't know what to do here? It really sucks, if this poses a problem? ( I had couple of my friends got there H1B last year with similar kind of Pay. , there locations where NJ and Boston. ) I really pray to god to get this approval done.


Thanks and Regards,

[txh1b]

It might get denied. Check other variations of titles like programmer analyst, systems analyst etc.

[rahulbs]

I found this wages for different titles. Any ways i will talk to the attorney and ask him what can be done. Please check this and let me know if this can work. Looking forward for your response.

OES/SOC Title: Computer Programmers
Level 1 Wage: $17.97 hour - $37,378 year
Level 2 Wage: $21.73 hour - $45,198 year
Level 3 Wage: $25.50 hour - $53,040 year
Level 4 Wage: $29.26 hour - $60,861 year
GeoLevel: 1



OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $21.78 hour - $45,302 year
Level 2 Wage: $31.57 hour - $65,666 year
Level 3 Wage: $41.35 hour - $86,008 year
Level 4 Wage: $51.14 hour - $106,371 year
GeoLevel: 1


OES/SOC Title: Computer Systems Analysts
Level 1 Wage: $20.64 hour - $42,931 year
Level 2 Wage: $25.12 hour - $52,250 year
Level 3 Wage: $29.61 hour - $61,589 year
Level 4 Wage: $34.09 hour - $70,907 year
GeoLevel: 1

[txh1b]

It depends on what title your employer filed for the LCA.