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anjmoh26

H1B RFE for level 1 wage

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Hey all,

I have received level 1 wage RFE for cap 2018 on Sep 20th. Is there anyone in the same boat? Please share your thoughts on how to respond to this RFE. 

Thanks in advance.

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There are many in the same boat. In fact that boat is more like big ship now. If you search this forum you will find many discussions about your situation and how to respond.

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Every Attorney in the country is saying the same thing:

1. If you have a Masters Degree or less than 2 years of experience - respond to the RFE, justify why this job meets Level 1 wage

2. If the wage difference is between your salary and next Level in Prevailing Wage - then the Employer needs to give you a Raise and apply for a Fresh Petition with a new LCA meeting the new Wage Level.  Now, if you current I-94 is expired - you need this petition to be filled as a PREMIUM APPLICATION and hope the response comes back before the RFE Expires. Talk to your lawyer about this option.

3. If your employer is not willing to meet the wage difference, then find another employer who will pay you Level 2 or higher and file a New Petition before the RFE Expiry date.  This option is very complex - so I suggest you talk to a Lawyer before you do this.

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My employer received RFE for Level 1 wage, citing i am in senior role with much more responsibilities and duties than Level 1. I make much more pay than Level 1 or 2 for that matter and I have pay-stubs going back to last year. But I don't know what the strategy or plan is yet. Attorney wants to take time to understand and respond. Sad part is my 6th year is over last month, have approved I-140. I am worried about if this gets denied, I would have to leave the country after 9 years. I worked so hard to get here just like others and worked hard every day to be what I am and be a socially responsible individual as well, trying to assimilate and appear easy on western eyes and ears. Yet... feeling betrayed being targeted.

Could you all please share what outcomes you are seeing and any other info that's helpful.

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So, why in the world did the employer file with wage level 1 if you get much more?

Something is fishy here.

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14 hours ago, JoeF said:

So, why in the world did the employer file with wage level 1 if you get much more?

Something is fishy here.

Are you an attorney? I see a pattern where you go into every thread and flagging posts and calling everything and everyone fishy and fraud. If you are going to view the world with a set of lenses, you are better of keeping it yourself, than to come in to forum and post a one liner that has ZERO value to anyone. 

Edited by srk24
grammar

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14 hours ago, JoeF said:

So, why in the world did the employer file with wage level 1 if you get much more?

Something is fishy here.

Its perfectly legal for some one to be in Level 1 wage to perform higher tasks. Given the speed at which tech industry moves, for a person that worked in a technology for 2 years, would have to relearn something new every so often. Its presumptuous and irresponsible of you to come in and throw a loaded accusatory statement as "Fishy". Really hope moderators straighten you out.

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2 hours ago, srk24 said:

Its perfectly legal for some one to be in Level 1 wage to perform higher tasks. Given the speed at which tech industry moves, for a person that worked in a technology for 2 years, would have to relearn something new every so often. Its presumptuous and irresponsible of you to come in and throw a loaded accusatory statement as "Fishy". Really hope moderators straighten you out.

On H1, your salary has to be the prevailing wage for the job duties in the area where the job is located. No but or if. That is the law. You throwing a tantrum doesn't change that. Be an adult...

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12 hours ago, srk24 said:

Its perfectly legal for some one to be in Level 1 wage to perform higher tasks. Given the speed at which tech industry moves, for a person that worked in a technology for 2 years, would have to relearn something new every so often. Its presumptuous and irresponsible of you to come in and throw a loaded accusatory statement as "Fishy". Really hope moderators straighten you out.

@srk24 not it is not perfectly legal to be on level 1 wage. The reason why USA wants to scrutinise these level 1 wages is because they do not want to dilute the job market for American workers. If your employer is paying you above level 2 or 3 wage, he should be filing an LCA for that. Level 1 wage is for freshers, people who are required to do repetitive work with supervision, something like level 1 support in an organisation who would receive calls, log tickets and solve some known issues using KI's etc. 

H1B is a speciality occupation, if you are required to learn a new technology on level 1 wage, why can't a local worker do the same? That exactly will be the question from the labour department and it is perfectly valid.

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On 10/8/2017 at 2:25 PM, JoeF said:

On H1, your salary has to be the prevailing wage for the job duties in the area where the job is located. No but or if. That is the law. You throwing a tantrum doesn't change that. Be an adult...

Neither of you have a friggin clue what you are talkin about. Thats for sure. Instead of going into random threads and taking a ****, you should keep a journal to yourself. Instead of spreading misinformation. I can say for sure, neither of you is a juris doctor.  Just random trolls.

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