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que sera sera

LCA Wage Level 1 RFE- First time H1 PETITION

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Got an RFE on Labor Condition Application. It says that my work doesn't seem to be an entry level position despite the wage classification selected in the LCA.   Asking for 

Letter explaining how this wage level is related to the specialty occupation selected 

Documentation to support that the level 1 wage designated in the LCA corresponds to that position 

In my LCA Job title: Programmer Analyst

SOC Code: 15-1121

SOC Occupation Title: Computer systems Analyst.

     My Employer is saying that as of now they don't know how to respond to this query. Many of friends are saying that it's tough to get the approval if one get's this RFE. Any views on this. Do you know any one who got this kind of RFE and got approval.

 

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One way to justify Level 1 wage is by submitting resumes and wages of employees in similar position with similar qualifications. It can be from your employer's place or other employers in your area.

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Thanks for the response. Are there any cases where you have seen an approval after getting this RFE. I'm really worried as many were saying getting approval after received this kind of RFE is tough.

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On 7/19/2017 at 3:31 PM, que sera sera said:

Thanks for the response. Are there any cases where you have seen an approval after getting this RFE. I'm really worried as many were saying getting approval after received this kind of RFE is tough.

Yes, I heard some cases in the past who got approvals.  It totally depends on the RFE response documentation and how your employer's attorney present your case.

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I am also on the boat and I see few of my friends also got the same rfe , is there a way  we can get approval , really appreciate if experts can comment here on the options.

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I am sailing in the same boat as well. I received this RFE a week ago .

I am apparent regarding the approvals as well. I have been getting very mixed opinions .

Request a response and suggestions over the similar cases as to how to handle the RFE to get an approval .

Appreciate the responses !!

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On 07/28/2017 at 6:18 PM, sam1991 said:

Can we revise the LCA, by making it to a Level 2 Wage instead of Level 1, or will it lead to a denial.

No, that is not possible, because it indicates that the original H1 filing was bogus.

Find a better employer next year, INE who doesn't try to save money by violating the H1 rules.

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5 hours ago, queriesquestions said:

I am sailing in the same boat as well. I received this RFE a week ago .

I am apparent regarding the approvals as well. I have been getting very mixed opinions .

Request a response and suggestions over the similar cases as to how to handle the RFE to get an approval .

Appreciate the responses !!

The employer has to handle that. You need to stay out of it.

Does the employer not have a lawyer for H1 filings???

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Hi All,

Even I had the same RFE. My LCA was filed under SOC Code 15-1132 with job title as Programmer Analyst. Any idea on how to handle this. I heard that the denial ratio is high for this new type RFE. Did any one got lucky to reply the RFE and get an approval ?

Edited by Bas

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There have been many many approvals. If you look you will find attorneys and experts who can handle these well. There is a great deal written about this so if you google 'level 1 wage RFE' you will find a great deal about it.

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I have received the same RFE and OPT cap gap is also expired . Has anyone got the approval on the same and how much time it will take once response is sent back?

is it possible/ advisable  to apply for premium in such case .  

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On 7/19/2017 at 8:49 AM, que sera sera said:

Got an RFE on Labor Condition Application. It says that my work doesn't seem to be an entry level position despite the wage classification selected in the LCA.   Asking for 

Letter explaining how this wage level is related to the specialty occupation selected 

Documentation to support that the level 1 wage designated in the LCA corresponds to that position 

In my LCA Job title: Programmer Analyst

SOC Code: 15-1121

SOC Occupation Title: Computer systems Analyst.

     My Employer is saying that as of now they don't know how to respond to this query. Many of friends are saying that it's tough to get the approval if one get's this RFE. Any views on this. Do you know any one who got this kind of RFE and got approval.

 

I know one friend who got approval this week 

 

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On 10/13/2017 at 8:00 PM, Rajesh321 said:

I know one friend who got approval this week 

 

Hi rajesh,

                Can you share more details about your friend who got his approval? Any information would be really really helpful for us...

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23 hours ago, Sureshkumar46 said:

Hi rajesh,

                Can you share more details about your friend who got his approval? Any information would be really really helpful for us...

at this point i dont have much info on that what document and his lawyer has responded to the case .  but he had applied in premium and got his approval in a week 

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20 hours ago, Sureshkumar46 said:

Rajesh, are specialty occupation and wage level 1 RFE different?

Hi,

Yes they are two different rfes . i have seen cases when some got rfe for speciality occupation and after rfe response they got for level one rfe.  But there are cases where both are mentioned in one rfe ..  i am live example of this as of now 

 

Edited by Rajesh321

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