Prevailing Wage - H1b

[newguy2007]

1)Can an employer file for H1-b for an employee below the prevailing wage?

2)Can USCIS reject H1-b application if the H1-b papers are filed with wages less than 100%?

3)Is it employers burden to find out about prevailing wage before applying for H1-b?

I am currently employed with company A on H1-b. I was made an offer from company "B" and I accepted the offer, company B was aware of my H1-b status and offered to transfer my H1-b from company A to company B.

Now just a week before joining I get phone call from company B saying that they have not filed for transfer yet and have to change my joining date to end of April 2007. I asked my friend who works in the same company -on same title, the prevailing wage on his H1-b is more than what they offered me.

They also sent me a new offer letter with new joining date - which has a clause stating--- " this offer is subject to H1b approval/transfer, if your application is rejected for any reason, your employment with company B may terminate"

Is company B trying to get out if this offer contract in legal way for not paying prevailing wage rate to me?

 

[joelly]

If you don't have an approved H1-B, you won't be able to work for anyone. The company B is smart by putting it in the contract because they want to warn you of the consequences you will have to face. All companies is merely an executor to the rule.

 

[great guru]

z

1)Can an employer file for H1-b for an employee below the prevailing wage?

2)Can USCIS reject H1-b application if the H1-b papers are filed with wages less than 100%?

3)Is it employers burden to find out about prevailing wage before applying for H1-b?

I am currently employed with company A on H1-b. I was made an offer from company "B" and I accepted the offer, company B was aware of my H1-b status and offered to transfer my H1-b from company A to company B.

Now just a week before joining I get phone call from company B saying that they have not filed for transfer yet and have to change my joining date to end of April 2007. I asked my friend who works in the same company -on same title, the prevailing wage on his H1-b is more than what they offered me.

They also sent me a new offer letter with new joining date - which has a clause stating--- " this offer is subject to H1b approval/transfer, if your application is rejected for any reason, your employment with company B may terminate"

Whether comp B put this clause or not, this is the true situation with any H1 b sponser. Even they do not write, still theclause govern your employment.


Is company B trying to get out if this offer contract in legal way for not paying prevailing wage rate to me?