H1B extension after i-140 approval and prevailing wage for same


rubble787

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I have some questions regarding the H1B extension after i140 approval.

1) I am aware that after getting i140 approved, I can extend my H1B every 3 years. Does a new prevailing wage determination needs to be done when the extension is filed?

2) In my case, the PERM prevailing wage was obtained for Masters plus 5 years of experience requirement. My current H1B expires in 2018 and I am expecting to get my I-140 approved maybe sometime in 2017 (June timeframe). So if a prevailing wage for LCA will need to be requested for H1B extension, is it going to be for the same work experience requirement (5 years)?

3) According to what I read, the prevailing wage should be paid by the company at the time of filing I-485. That's like at least 10 years from now for EB2 category (India). But during H1B extension, if the prevailing wage requested with 5 years’ experience requirement is almost same as the PERM prevailing wage, is the company obligated to pay that salary to me? If they don't pay, will my H1B extension petition be rejected?

Regards
Nit

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  • 2 weeks later...

1) I am aware that after getting i140 approved, I can extend my H1B every 3 years. Does a new prevailing wage determination needs to be done when the extension is filed?
It will just like regular H1B extension even it is after I140. That is, you get LCA filed and then file extension. With I140 approved, only advantage is that you get for 3yrs extension even after 6yrs of H1 stay. 

2) In my case, the PERM prevailing wage was obtained for Masters plus 5 years of experience requirement. My current H1B expires in 2018 and I am expecting to get my I-140 approved maybe sometime in 2017 (June timeframe). So if a prevailing wage for LCA will need to be requested for H1B extension, is it going to be for the same work experience requirement (5 years)?
Please remember that Greencard is for future employement. GC Perm wages has nothing to do with your H1 wages I believe.

3) According to what I read, the prevailing wage should be paid by the company at the time of filing I-485. That's like at least 10 years from now for EB2 category (India). But during H1B extension, if the prevailing wage requested with 5 years’ experience requirement is almost same as the PERM prevailing wage, is the company obligated to pay that salary to me? If they don't pay, will my H1B extension petition be rejected?

Same as above, Perm wages are expected to be effective after you are permanent resident (or GC holder). Your H1 petition goes by your LCA. 

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