Denial of H-1B on Level 1 Wage Issue

1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial?
2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?

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Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue

Video Transcript

1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.

2. Yes, you can, but of course, if you have a quota H-1 then you have a bigger problem, but if it is a quota exempt H-1 or you are not subject to the quota then, of course, you can do a transfer to any employer at the same time if you wish. More 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

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