H1B LCA Level

[niranjanlives]

I have a bachelors degree in Computer science and have been working with my employer since last 8 years. My employer has filed my LCA under Level 1 category. My designation in the company is of a Lead Analyst. How is the levels calculated? I believe that my employer is doing this to give me low salary.

[wiweq]

They will give you a copy of approved LCA. Work for the company and see if your duties match with the LCA. If it varies contact your HR. If they deny fixing those, file WH4 form on your state's DOL site. Don't forget sending all documents showing your current duties. They will fix it for you.

[niranjanlives]

My question is; is there anything that says employee of certain level of work experience or designation will be in a particular level in H1 LCA. I believe, my company has put me into a lower level so that they dont have to give me more salary.

Is there any rule like if designation of employee is "Lead" he/she should be considered Level 3 or Level 4?

[livliv]

H1B petition is for a different job than the one you are currently working in. It is totally up to the employer to fill that job at any level they wish. If you don't like the offer, you don't have to take it.

[wiweq]

"H1B petition is for a different job than the one you are currently working in. It is totally up to the employer to fill that job at any level they wish. If you don't like the offer, you don't have to take it."

=> True, level doesn't matter, but location, job duties MUST be matching.

[livliv]

"H1B petition is for a different job than the one you are currently working in. It is totally up to the employer to fill that job at any level they wish. If you don't like the offer, you don't have to take it."

=> True, level doesn't matter, but location, job duties MUST be matching.

Not really. The current job being performed abroad has nothing to do with future proposed job in the US. If the future job has a specific type of experience requirement (specific technology or job field), then the beneficiary must have that type of experience. The future job requirement need not match beneficiary's experience or level.

[wiweq]

wiweq, on 03 May 2012 - 02:44 PM, said:

"H1B petition is for a different job than the one you are currently working in. It is totally up to the employer to fill that job at any level they wish. If you don't like the offer, you don't have to take it."

=> True, level doesn't matter, but location, job duties MUST be matching.

Not really. The current job being performed abroad has nothing to do with future proposed job in the US. If the future job has a specific type of experience requirement (specific technology or job field), then the beneficiary must have that type of experience. The future job requirement need not match beneficiary's experience or level.

==> I intended the same. The level doesn't matter, but the location of the job mentioned in LCA should be same as he is actually going to work or working (after H1b approved), job duties mentioned in LCA should be same as he is doing in day to day work (after H1b approval) or going to actually do. I didn't mean by OP's ex-experience.