I am currently on STEM OPT, and my H1B cap case was just approved through the same employer. While on STEM OPT, I was paid a lower wage than the prevailing H1B wage, but now that the H1B has been approved, I am being paid the correct amount. Will this be a problem in the future?


The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.



Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.