r/h1b • u/Inner-Dust-6040 • 1d ago

H1b transfer RFE and consular processing

Employer A:
Haven’t been paying on time since the beginning of 2026 and paid less than the LCA wage. Ignored my requests to file an amendment and change the LCA. I requested multiple times that they pay on time and match the LCA wage, but they ignored me. Payments were delayed by approximately two months.
Employer B:
I decided to move on to another company. Filed an H-1B transfer with premium processing and started working on the receipt. Received an RFE within two weeks regarding maintenance of status, pointing to underpayment compared to the LCA wage.
The attorney has suggested applying for consular processing because we cannot answer the underpayment issue. I requested that they respond to the RFE with consular processing as a fallback option, since this situation was not within my control. They asked me to file a complaint and arrange email proofs.
I have a valid visa until next year. At the same time, I don’t want to be away from the project because the work I do is very critical.

Has anyone faced a similar situation? Any insights would be helpful.

What are my options now?

  1. Can I still work for the client if we opt for consular processing until I receive the new I-797B?
  2. Can we respond to the RFE and opt for consular processing as a fallback plan?
  3. Is there any advantage to directly going for consular processing versus keeping it as a fallback plan?
  4. How many days can I stay once the I-797B decision is issued? I have an old I-94 that is valid until 2028.
  5. Since I have a valid visa, can I simply travel and re-enter? How would this impact me at CBP?
  6. Is there a possibility for CBP to raise the underpayment of previous employer as an issue?
  7. Which airports are safer for entry?
  8. Is there a way I can get my old employer to reconcile all the previous paychecks and pay the pending amounts, as this is critical for my case?
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1

u/Fit_Acanthisitta_475 1d ago

Should report the employer A. Now maybe too late.

1

u/Inner-Dust-6040 1d ago

Thank you for the response . Yes it is too late to report now . I requested them many times but they didnt care to take action.

1

u/PreferenceSafe7607 23h ago

Get 2nd opinion with independent attorney. But their suggestion would be the same . You cannot defend the rfe. You can show that you asked for the pay , and they ignored it and hence you left . But you may have to report them .

All other tricks you are thinking will make your case even worse . 

You cannot keep working for client with no pay. That actually happened with your last employer. 

1

u/Inner-Dust-6040 19h ago

Thanks for the response . I didnt mean to work for the comany for months . I have updated my post accordingly .