H1B Amendment and Associated Risk

Hi Anil,

I am currently working at Client location. Based upon my current role my current LCA is with "wage level 3 " that is good until June -2022 However my project is getting over in a month.
There is another role available for me to continue at same client location with same client but this new role is for junior level position. So my questions are -
1- In order for me to work for this new role, Do my company need to file H1B Amendment as salary will be reducing by 20-30%? or For time being I can use my current Valid H1B visa?
2- If my company need to file H1B Amendment then what will be risk of getting RFE / Denial considering new wage level updated by DOL recently?
3- FYI, Since new role is for junior position with less salary it’s required to file amendment with “wage level 1”

So please advise any option to get this work.


@ Anil, Could you please reply to this post?

Hi Sai1. I’m not Anil but here’s my 2 cents.

  1. Yes, based on your post, your company will have to file for a H1-B amendment (along with a new LCA) because of the change in job role and salary.
  2. It’s hard to evaluate the risk level without knowing all the details. Your company must be aware of the new wage levels and to hire you, they’ll need to pay you accordingly.

Hope this helps.

Thanks Manohar for your reply.
As long as my company would be paying me above wage level 1 for new role, would it be still issue considering I am downgrading from wage level 3 (Current role) to wage level 1 (New role)?
Since this new role is junior role they can’t file my LCA with wage level 3.

Please suggest.

You can file at a lower level but if your experience (in years) is more than the new role’s requirement, there is an increased risk of scrutiny. Please read this article for more information.

1 Like