Wages and Salaries

This is strongly discouraged. Regardless of how the original lottery was conducted, an H-1B worker's salary must meet or exceed the prevailing wage for their actual work location. Reclassifying a role from Level 2 to Level 1 simply to match a higher prevailing wage in a new location is heavily scrutinized by USCIS and difficult to justify.

Transferring to a lower wage level or lower-wage geographic region shortly after approval can raise concerns of lottery manipulation. To safely execute an H-1B transfer shortly after activation, the petition should maintain the same wage level, an equal or higher salary, and be supported by a clear explanation for changing employers.

Yes. Department of Labor regulations strictly prohibit employers from involuntarily benching H-1B workers without pay. However, if an employee voluntarily requests unpaid leave for personal reasons (such as travel or vacation), the employer is legally permitted to accommodate the request without violating H-1B prevailing wage rules.

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

• File a complaint with the U.S. Department of Labor's Wage and Hour Division.
• You can file online or by phone (search for "LCA complaint US Department of Labor").
• This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
• Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
• Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.