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Recko

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About Recko

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  1. Recko

    Current H1B status is intent to Revoke

    If you cannot answer or provide sufficient documents to your RFE with present employer for Extension, there is high possibility that the transfer to new employer will be required to submit strong documents to prove your case. This happened with my another friend. As your i94 only expires in the future, you can still apply for transfer to new employers.
  2. Recko

    EAD i140

    Per my understanding, I-797 is what you get for your i-140 case type, I-797A for your I-129 case type. in your received I-140 document, it should show on the top left as I-797 Notice of Action. please correct me if i am wrong. For applying EAD, you would require both the documents and few others as well. Thanks
  3. Hi Team, I have a question on salary change after a new LCA is approved. Below is the scenario, Employee was in XXXX Job Title in 2017 and his salary was, lets say $75,000 per LCA with an effective date from Jun-01-2017 to Jun-30-2019. Same employee got promoted in 2019 and filed for extension, New LCA was filed with YYYY job title and salary changes to $85,000 with an effective date from Jun-01-2019 to Jun-30-2021 and its approved. Previous i-94 expired on May 31st. What salary should the employee be getting as of Jun 14th 2019? Should salary be based on previous LCA as it has effective date until Jun 30 2019? or Salary should reflect based on new LCA? Hoping to understand this. Thanks.
  4. Hello Everyone, i have a question regarding the salary paid and required in LCA. For an example, my current salary paid by my employer is $70,000. But on my LCA, The required salary is $80,000 and Prevailing wage for my location is $79,700. My question is, 1. Am i entitled to question my HR why i am being paid less than defined in LCA? 2. Are the employer obliged to pay what's required in LCA? 3. Is this case a violation by employer? Quote from ETA Form 9035: Employer Labor Condition Statements ! Important Note: In order for your application to be processed, you MUST read Section H of the Labor Condition Application – General Instructions Form ETA 9035CP under the heading “Employer Labor Condition Statements” and agree to all four (4) labor condition statements summarized below: (1) Wages: Pay nonimmigrants at least the local prevailing wage or the employer’s actual wage, whichever is higher, and pay for nonproductive time. Offer nonimmigrants benefits on the same basis as offered to U.S. workers. Pls let me know your thoughts on this. Note to Moderator : Pls move the thread to right topic if needed. Thanks.
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