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Can H1 B amendment petition be rejected ?

Warren, NJ |

My H1B petition filed in (Oc 2012) had a higher salary than that of the LCA. So now (Jan 2013)an amendment is filed to change the salary in the petition to be that of the same as in LCA. What are the chances that the amendment will be rejected? And based on the amendment date does the company need to pay me the higher salary from the date of original petition to the amendment?

Attorney Answers 3


  1. Talk to the immigration lawyer filing these papers .... make a 'scene' if the company has someone in HR do this.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Generally, a company filing an H-1B petition is required to comply with the attestations they made on the Labor Condition Application. Work with your HR to deal with the issue. Good luck.


  3. Anything is possible.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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