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Attorney_22

H1B Petitions for Computer Programmers

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This week, Murthy Law Firm attorneys will answer questions regarding how the recent USCIS memo may impact H1B petitions for computer programmers.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Hi,

I work in US as a Full time Employee. My H1b Visa has been approved in October 2016. I am planning to go to INDIA in July 2017. 

Will the Memo that passed by USCIS affect my stamping. Please let me know if I need to carry any extra documents. 

I will be waiting for your reply.

Thanks,

Srinivas.

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18 minutes ago, srinivas917 said:

Hi,

I work in US as a Full time Employee. My H1b Visa has been approved in October 2016. I am planning to go to INDIA in July 2017. 

Will the Memo that passed by USCIS affect my stamping. Please let me know if I need to carry any extra documents. 

I will be waiting for your reply.

Thanks,

Srinivas.

It is possible the new memo will affect your visa stamping, but to discuss your specific circumstances it is best to schedule a consult with on of our attorneys. The following article may also be helpful: https://www.murthy.com/2017/04/03/new-uscis-memorandum-regarding-computer-programmer-positions/

 

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22 minutes ago, ramvarmak said:

Will this new rule affect amendments and H1 transfers? To what other roles should the "computer programmer" title be changed? 

Yes, this policy memo will affect H1B amendments and H1B transfers. A job title is not the sole focus of an H1B petition, an analysis of the job duties and the corresponding job code is necessary. 

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H1B - Computer Programmer 15-1131 ... Wage Level 2 ...$81500 CTC ....I have to go for stamping via drop box on 10 April 2017 ...Will the memorandum passed by USCIS affect  me ?

Edited by Rekha2468
date

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Hi, I am also in the same boat .i have been on h1b  visa working as programmer- 15-1131 FT .Is this job title going to effect my h1b with this new memo?

thanks in advance for your reply

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Hi,

I work in US as a Consultant Employee.  In my LCA, we stated the position as H1B - Computer Programmer  ... Wage Level 1 and the pay of 50,000$.

My H1b Visa has been approved in November 2016. I am planning to go to INDIA in the following week and got my Visa Interview scheduled for April 17, 2017.  I have been hearing a lot of discussions regarding this memo and want to know the possibilities.

Will the Memo that passed by USCIS affect my stamping. Please let me what are all the extra documents I need to carry and what kind of queries can be expected. 

I will be waiting for your reply.

Thanks,

Sumanth

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Dears,

If my Employer sponsor in NYC don't applyed the petition in the USCIS in last week, due to the need for the D.O.L.(Dept of Labor) to request that the Job be announced one month before apply a petition, in local newspapers.

- Can my sponsor apply a petition for H-1B with  premium processing in October/2017?

Because the premium processing is suspended up to 6 months, since April 3th 2017.

 

Thanks in advance.

 

 

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On 4/6/2017 at 7:53 PM, srinivas917 said:

Hi,

Will the memorandum passed by USCIS affect the MS students also? Will MS considered as special asset?

Thanks.

I'm sorry, but I'm not sure I understand your question. Please rephrase.

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On 4/7/2017 at 4:08 AM, Rekha2468 said:

H1B - Computer Programmer 15-1131 ... Wage Level 2 ...$81500 CTC ....I have to go for stamping via drop box on 10 April 2017 ...Will the memorandum passed by USCIS affect  me ?

As of yet, we have not seen any indication that the memo will impact those with approved petitions applying for a visa 'stamp'.

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Is this effect if you have master degree in Mechanical field and working for IT industry for 3 years? If I extend again MyH1b ..it can create problem ? Bachelor degree in Computer engineering is required to have job in IT as H1B ?

 

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On 4/10/2017 at 9:43 AM, Ladimir said:

Dears,

If my Employer sponsor in NYC don't applyed the petition in the USCIS in last week, due to the need for the D.O.L.(Dept of Labor) to request that the Job be announced one month before apply a petition, in local newspapers.

- Can my sponsor apply a petition for H-1B with  premium processing in October/2017?

Because the premium processing is suspended up to 6 months, since April 3th 2017.

 

Thanks in advance.

 

 

If the position requires an H1B cap-subject petition that was not already filed within the first week of April, your employer will need to wait until next cap-season (April 2018 for an October 1, 2018 start date.) It may be advisable to discuss this matter directly with your H1B attorney to discuss other possibilities. 

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2 hours ago, ntrivedi548 said:

Is this effect if you have master degree in Mechanical field and working for IT industry for 3 years? If I extend again MyH1b ..it can create problem ? Bachelor degree in Computer engineering is required to have job in IT as H1B ?

 

You will need to review the H1B petition filed on your behalf to confirm the job code and the wage level. Even if you have a Master's degree and experience, if the H1B petition is for a computer programmer level 1, you may still have issues. 

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Hello,

My 1st H1b was from 2013-2016; 1st H1b Extension from 2016-2017;  recently applied and got approval for 2nd H1b Extension from 2017-2020. I'm on H1b since 3.5 years. Currently, the SOC code on my LCA is 15-1132 and Job Title is Sr Programmer Analyst.

I'm planning to go for a visa stamping in June. Does the new memorandum passed by the USCIS will have any effect on my Visa Stamping. 

 

Thanks in Advance

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18 hours ago, CoolDeep said:

Hello,

My 1st H1b was from 2013-2016; 1st H1b Extension from 2016-2017;  recently applied and got approval for 2nd H1b Extension from 2017-2020. I'm on H1b since 3.5 years. Currently, the SOC code on my LCA is 15-1132 and Job Title is Sr Programmer Analyst.

I'm planning to go for a visa stamping in June. Does the new memorandum passed by the USCIS will have any effect on my Visa Stamping. 

 

Thanks in Advance

The policy memo is limited to computer programmers and job code 15-1131, therefore it should not affect your current H1B petition.  

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4th H1 extension petition was filed on 30th March under premium processing, Programmer, 15-1131 Level 2 LCA.

Will the new policy memo effect me?

 

Thanks in advance.

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On 4/13/2017 at 3:41 PM, Daffodills said:

Premium processing petition filed on March 29th Did not receive the receipt. checks are not cleared. Any idea?

Due to the volume of PP petitions, the delay is expected. In regards to your first question, the new memo may affect you. However, level I wages are a larger concern. 

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Hi 

My visa will expire in August 2017 and yet to file an extension.  Can you please tell me is it a good time to change  my employer

 

Thanks 

Swathi 

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Hi 

My visa will expire in August 2017 and yet to file an extension.  Can you please tell me is it a good time to change  my employer

 

Thanks 

Swathi 

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Good  Afternoon,

My current H1B(5 years on H1B till date ) and current petition expires July 15, 2017 and I did apply for extension March, 13,2017 regular and waiting for decision.

 This is what I have in my H1B petition & LCA

SOC 15-1131 - Computer programmers  -  Wage Level - II

Does this cause any issues in extension decision pls? Is it better idea to withdraw and reapply with new LCA?

Im planning for stamping around Aug/Sep based on approval. Can I redo the LCA with safe codes and go for stamping?

 

My employer says having Wage Level-II would not cause issues both for decision and stamping  but I feel like taking risk with extension and all these codes.

 

Pls help me.

 

 

Edited by kumar texas

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Hello,

I have completed 6 years on H1B and have a recently approved i140 filed by consulting company A as future employee.

Consulting company A subsequently filed for H1 transfer and extension with 60k salary and client details. The case was filed in premium and an RFE was issued on the education qualification for the job. Have a Masters in Business Management with specialization in IT and OR. And have over 10 yrs exp in IT supported by offer and resignation letters (standard with job designation from HR) and non-letterhead reference letters from managers (including earlier US job managers). H1 Case was denied stating lack of eligibility for speciality occupation - business administration degree not related to speciality occupation. And not enough evidence to support work experience included theoretical and practical knowledge of the speciality occupation.

Given this denial, can I file a fresh H1 with another company using approved i140? If company A decides to appeal the denial, what are the chances of approval given that the education remains the same and the reference letters will be without letterhead since most IT people change companies every few years. And most MNCs don't provide customized reference letters on company letterheads.

Regards.

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