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Shan_07

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About Shan_07

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  1. Hi, I was recently offered a cap-exempt H1B position at a university after my previous job was terminated on July 5th 2020. To submit a new H1B petition in premium processing, the university asked me to get a prevailing wage determination (ETA-9041) from my previous employer, so that they can process my H1B petition quickly. My previous employer informed me that they don't use ETA-9041 to obtain prevailing wage determination, instead they obtain prevailing wage independently from the Occupational Employment Statistics (EOS) program. The new employer don't want to use that program, instead they use a safe harbor channel to obtain PWD directly from the Department of Labor. The problem with the safe harbor channel is that its processing time is 2-3 months and that means my H1B petition will be delayed by this much time. Do you know of any work around with this situation, which can help my employer obtain PWD in a shorter period of time? I highly appreciate your time! Thanks,
  2. Hi, My spouse's cap-exempt H1B sponsored job was terminated on 5th July and while he was able to get another job just a few days before the 60 days grace period ends (which is exactly today, the september 3rd) but the new petition won't be submitted up until October or November due to the long processing time expected to get the prevailing wage determination. To ensure that we continue to stay within US, my spouse applied for COS from H1B to B2, and I applied for COS from H4 to F1 a few days before our 60 days grace period ends (citing Covid reason). Also, FYI, I had already started a master's program in Spring 2020 when I was on H4 status. For my application for COS from H4 to F1, the university initially provided an I-20 with a start date of September 1, 2020 which we appended with the COS application. Now, the international office is asking me that due to the fact that I don't have any status currently--due to pending COS application--I am not allowed to enroll in the classes for the fall semester. The international office is in fact asking me that they will send me another I-20 form with a start of fall 2021. The question is: Is our approach of COS valid? Also, can I really not enroll for fall semester 2020 and do I have really have to send new I-20 to USCIS? I would highly appreciate your opinion on this subject at the earliest! Thank you,
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