H1-B minimum wage as Software Engineer

[SDutta12]

Hello All,

1. I completed my M.S. in Computer Science in August and currently working in a company as Software Engineer. My current work status is OPT (F1 - OPT). My company is willing to sponsor my H1-B. As my employer is new to this H1B process, they dont know which job title would be appropriate for me. My current salary is 52,000 per year.

I just want to know as Software Engineer what is the minimum wage so USCIS will not have any restriction to approve my H1B?

More, is it safe to apply for H1B as Software Engineer or which title is more apporiate to apply? Is Compuer Programmer or Software Developer title is more appropriate? I am very much newbie in this process, need help.

2. My OPT is expiring on 23rd August, 2012, but my company will file my H1B on April. Will I be elligible for capgap? If not what should I supposed to do?

Any help would be highly appreciated. Please help.

Thanks,

SDutta

[JoeF]

The prevailing wage depends on the job description and the metropolitan area where the job is located. There is no "one size fits all" number.

The company should discuss this with a good immigration lawyer.

[SDutta12]

Please respond. I am currently working on Pennsylvania, Morrisville, if this helps. I want to know what are the prevailing wage for the following job titles:

Software Engineer

Computer Programmer

Software Developer, Application

Thank you.

[skanjx]

you can check in flcdatacenter website and choose "FLC Wage Search Wizard" and give the job details. It gives the prevailing wage.

[dele]

Is your company using an immigration attorney? If they are, then the immigration attorney will advise the company on the requirements. Also, unless things have changed, normally people with a Masters (advanced) degree have an extra number of H1 B slots allocated to them which normally ensures they don't have problems fitting into the quota. Also, in 2008 they enacted a law which allowed people on OPT to extend their OPT time. I don't know if that law was one time or if it is still applicable. Check the USCIS website or ask your former schools foreign student's office.

[murphyd]

I think the minimum salary some years back was around 50k. But, if you are being paid minimum sal, the h1b petition will definitely entail extra scrutiny. Typically, in this labor market, software/senior software, software architects are being paid premium due to unavailability of highly trained people (emphasis on highly trained). My company cant find people fast enough. But of course, it all depends on the type and nature of your employer.

[ashukla]

Salary should meet the requirement of local metropolitan area, and it must be described in the LCA, so it puely depends on the area where you are working, roughly 55k is an amount which is suppose to be a good amount to file in a H1b. It doesnt matter what term you use to define your designation software engg, or any thing but it has to be related to your job profile.

Yes while your H1 petition is under process or approved then you will be eligible for cap gap time of OPT and H1 till Oct 1st working day, after that your H1 will automatically comes into effect, there should be no issues.