H1B Renewal Denied due to LCA with Wage Level 1 checked, what are my options ?

[nataraj007]

Hi

I work in a full time job with the same company for 6 years ever since my first H1B approval, now I am in a managerial role, my GC process has passed the I-140 stage and I'm waiting in the queue for the priority date to get current

6/20/2017 : We filed for H1B renewal with LCA with Level1  wages checked even though my actual wages was around Level 3 at the time of applying

* Why do lawyers & companies do this even though the wages are at Level 3 they apply for Level 1

9/7/2017 : USCIS sent us an RFE regarding this issue

10/13/2017 : We submitted the documents to USCIS & was received by USCIS with a new LCA dated 9/26/2017

11/2/2017 : USCIS rejected saying that my LCA was dated later than the original H1B renewal application

*There is verbiage about beneficiary having to leave the country asap etc., accrual of unlawful presence etc. What should I do now?

The lawyer recommends

      1.applying for a new H1 with LCA with Level 2 (TWO) Wages checked this time with premium processing and once I get it leave the country to Mexico or Canada for stamping and come back to work

      2.appeal for reconsideration on the denied H1B renewal application

* Lawyer says #2 recommendation will allow me continue to work in the US since the application is still in process, is this approach right ? Will me continuing to work - be under a grey area ?

* Is this a good plan of action ?

* Do I have any other options ?

*-Questions are marked with a star please let me know

 

[pontevecchio]

You should not really be using a forum to second guess a lawyer specially since this is a forum hosted by a law firm. Having said that, what was the reason given by the Lawyer for using level 1 wages ? In your situation file and get a H1 petition approval in PP and insist on going home for the visa and get yourself a paid company vacation in the process.

[nataraj007]

Actually the expiry date was late Sep 2017

[kiran436]

Sorry to hear that. Only option 1 is the best at this time. Appeal can't give any status to work.

[JoeF]

So, why did the employer even file with level 1 wages? You need to ask your employer, not us.

Find a better employer, one who actually knows what they are doing.

 

[nataraj007]

@pontevecchio Thanks for your response, the reason the lawyer specified on RFE response was : Please excuse this as an administrative error, the employer has been paying the employee more than Level 3 wages at the time of filing the application 

 

@kiran436Thanks for the response Kiran

 

The lawyer keeps insisting that the USCIS law/policy was changed after we filed for extension, is this true that the policy used to be okay to file under Level 1 Wages as long as the employee was being paid Level 3 wages ?

 

[Neda]

No, USCIS started following the law. Simple

[Reddy.13]

@nataraj007 I have exactly your scenario.Planning to Apply for new H-1  as my current i-94 expired in september end.Even Lawyer replied ,  Please excuse this as an administrative error, the employer has been paying the employee more than Level 2 wages at the time of filing the application

[nataraj007]

@Reddy.13 We just have to wait and see , have you applied for the new H1B ?

[Reddy.13]

@nataraj...yes i did apply.Planning to upgrade to premium.Can i get u r email so that i can contact you

[Rajmoody123]

@ Nataraj.

I am also in the same boat. Could you please share your email so that I can contact you to get more details.

 

I really appreciate your help

 

Raj