Filling new H1B extension using previously certified LCA

[paragasraj]

Hi Sir,

My employer filled LCA and H1B extension on Jun 2019. My LCA is valid from Jun 2019 to April 2022. I got H1B extension approved only till January 2020.

My employer has started filling H1B extension, but seems USCIS has increased prevailing wages in October 2019. Now my salary is less than current increased prevailing wages but greater than approved LCA. My employer is increasing my salary but that will take time and considering my petition is expiring on January (i.e. only 30 days remaining) they are going to file H1B extension using same previously certified LCA, as LCA is approved till April 2022 (seems same LCA can be used if it is valid but I will get H1B approval only till April 2022).

Now I want to know, will it create problem for my H1B extension as new prevailing wages increased in October 2019 are more than my approved LCA, but my LCA was certified according to earlier prevailing wages that was valid in June 2019.

Edited December 28, 2019 by paragasraj

[User099]

Better to file a new LCA as you have time.

[paragasraj]

15 hours ago, User099 said:

Better to file a new LCA as you have time.

Due to my present salary we can't file new LCA. My employer is increasing the wages but it will take time because of lots of approvals. My extension should be filled on or before 30th January 2020. My employer saying, salary can't be increased in that time and hence no new LCA can be done.

[gopalakrishnach]

Getting new LCA approved will hardly take 2 weeks and you can apply H1B after that. Better apply new LCA...

[User099]

21 hours ago, paragasraj said:

Due to my present salary we can't file new LCA. My employer is increasing the wages but it will take time because of lots of approvals. My extension should be filled on or before 30th January 2020. My employer saying, salary can't be increased in that time and hence no new LCA can be done.

Well then you don't have any option then to file with old LCA and hope you don't get an RFE for it.

[paragasraj]

On 12/31/2019 at 10:53 AM, User099 said:

Well then you don't have any option then to file with old LCA and hope you don't get an RFE for it.

Is there any problem even if I get RFE? Hopefully by that time my salary will be within range.

[User099]

On 1/11/2020 at 10:46 PM, paragasraj said:

Is there any problem even if I get RFE? Hopefully by that time my salary will be within range.

That's a way to deal with it. Submit the application now and if you get a RFE submit a new LCA and update the salary. 

It's not a problem if you get a RFE, just additional paperwork.