H1 renewal HITCH....

[cusp60]

AOS pending/approved 1 140; EB3 ; PD Sept 03

While the wait continues I seem to have got into a hurdle. Need advise asap...Hello Belle...anyone with the know on such matters:

Here goes:

I have been renewing my H1 as a safety net every time. Its falling due again in July and as usual I contacted my case attorney for preparing dox for renewal. After almost two weeks of review my attorneys came back with a decision that I am not eligible to file for renewal as my current pay structure is not per prevailing level and instead told me to continue with my EAD until 1485 is approved. The same attorneys had advised my last ocassion importance of renewing H1 for myself. At that time my pay (which incidentally was the same three years back) was not an issue and they filed promptly and was approved. He has asked me to seek 100% increase....which I know is unlikely to be accepted even in a perfect world. I do know my Pay was prevailing when my first H1 was filed in 2001...

I am not in IT area but in specialized Sales of products and currently holding ADDITIONAL management position.

Can anyone advise what should I do??? Change my attorney of 10 years to refile...OR JUST FOCUS ON EAD RENEWALS?

IF I CHANGE DO i have to give them all MY credential for re-evaluation and re-submission?? I was hoping if it comes to that I will just forward copy of the last file and get this done error free to avoid RFE etc.

URGENTLY HELP!!!

[Belle]

I honestly don't know that much about H1 renewals and why they would depnd on the salary. You should read about it or get a consultation with a good lawyer.

[pontevecchio]

dO YOU HAVE FAMILY DEPENDING ON h4 STATUS?

[Joe.F]

This "H1 as safety net" is just a lot of paranoia.

If you think your I-485 could be denied, then work on fixing that.

There is no need in normal cases for "H1 as a safety net."

The only reason to keep an H1 active is if the person is married and the spouse can't file an I-485 due to the PD not being current.

[starryvibes]

Everytime they have to renew/modify H1-they have to run the prevailing wage from DOL for your line of work. Based on your level, your employer has to pay you the equivalent or more of what the current prevailing wage is.My attorney told me the prevailing wage changes regularly-hence you made the cut 3 years ago but not this time around.

[cusp60]

Thank you for all the suggestions. I contacted another neighborhood attorney who is quite active. She seems so confident about my case and willing to take up my renewal and obtaining approval. Only problem is that I need to submit all copies of all the years.

As suggested if my renewal application does not go through again with this new attorney, i may just have to opt to wait for a EAD renewal.

Best regards,