H1B Level 1 Wage RFEs

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding requests for evidence (RFEs) related to level 1 wages on H1B petitions.

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[saclee]

Hi,

My H1B Extension has been applied in March 2017 in Premium and now my i94 expired on 9/16.

I have received 2 RFEs, 1st was closed and 2nd RFE was on the wage level (I have Level1 approved originally which is submitted to USCIS while filing extension in March 2017).  This RFE has also been responded more than a  month back but USCIS still shows the status as awaiting the RFE response.

While the RFE has been responded, my employer has also filed Level2 LCA which is also approved. 

My Questions -

1. What is the current trend on such cases, are they being approved or not? In worst case, what should done?

2. Should my employer, submit this newly approved LCA of level2 as an amendment to the existing H1B Extension request? 

Requesting to please suggest on this.

Regards,

[Attorney_22]

3 hours ago, saclee said:

Hi,

My H1B Extension has been applied in March 2017 in Premium and now my i94 expired on 9/16.

I have received 2 RFEs, 1st was closed and 2nd RFE was on the wage level (I have Level1 approved originally which is submitted to USCIS while filing extension in March 2017).  This RFE has also been responded more than a  month back but USCIS still shows the status as awaiting the RFE response.

While the RFE has been responded, my employer has also filed Level2 LCA which is also approved. 

My Questions -

1. What is the current trend on such cases, are they being approved or not? In worst case, what should done?

2. Should my employer, submit this newly approved LCA of level2 as an amendment to the existing H1B Extension request? 

Requesting to please suggest on this.

Regards,

We are aware of both approvals and denials, and therefore it is too early to see a trend in the overall success rate. In regards to what should be done, it is advisable to speak directly with an experienced U.S. immigration attorney to discuss the specifics of your situation. Feel free to contact our office to speak with attorneys who are working with these issues on a daily basis. 

[Urvi Desai]

Hi,

We received an RFE on Level 1 wage for an employee. What are the ways to respond it? How can we help our employee? Is it a denial for sure due to low wage level? This petition was filed in early May of this year when USCIS wasn't particular about wage levels.

Please advise

Thanks,

Urvi

[Attorney_22]

19 hours ago, Urvi Desai said:

Hi,

We received an RFE on Level 1 wage for an employee. What are the ways to respond it? How can we help our employee? Is it a denial for sure due to low wage level? This petition was filed in early May of this year when USCIS wasn't particular about wage levels.

Please advise

Thanks,

Urvi

The chance of success depends on the details of the position and the clarity of the legal argument. Accordingly, it is highly advisable to discuss the RFE with an experienced U.S. immigration attorney. Feel free to call our office to speak with one of our attorneys.