H-1B to Green Card process

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Hi folks,

I am in need of an urgent help.


I am currently working as a Civil Designer/Traffic Analyst with a Civil Engineering company called in Las Vegas from October 2008 till date. I am currently on H-1B visa and my wife is on H-4. We have a daughter who was born here (US citizen) in 2012. I graduated with a Master’s Degree from US University in the field of Civil Engineering. I am originally from India.

Currently, I am on my 6th year of H-1B and my visa is going to expire on September 30, 2014. My employer started my Green Card process 2 months ago. My employer did the first step of the Green Card process which is Prevailing Wage Determination.

However, it was determined that prevailing wages is around 1.5 times my current pay. That high pay is only given to highest level of civil engineers with 15+ years of experience in the field on Civil engineering.  I only have 5 years of experience in Civil Engineering field. We are not sure how to correct this issue. We would like to get help resolving this issue and my employer is planning to hire an immigration lawyer and to process further steps.

My employer would want to write a letter to re-evaluate the salary. The initial process took almost 2.5 months and we are not sure how long the re-evaluation will take.  The biggest problem is the time frame as I only have 5 more months left on my H1B. Considering all the vacation I have taken during the 5 years on H1B, I may be able to get an extension of another 3 more months.

I would like to know what options do I have to stay legally and possible solutions to this issue. Here are some of my questions.

   1. Is it better to apply for a fresh application for Prevailing Wage Determination or to write a letter?

   2. If my wife finds a job and goes on H1B, I can change my status to H4. In that case, can my current employer still process my application while I stay in USA?

   3. If my current employer agrees, Can I work for the same company from outside USA after September 2014 if my Green Card application is in process? If so, Can they run the payroll over here in USA so I can get paid? The company that I work does not have any offices outside Nevada, USA.

   4. As I was outside USA for about 3 months during my H-1B visa, Can I extend my stay by that period? What are the requirements to get that extension? Does it mean I can stay in USA if my prevailing wage determination is in process or does PERM application has to be initiated or does PERM application have to be approved?

   5. Since my kid was born in USA, is there any other option that I can stay and work legally in USA?

I would really appreciate any response to my questions. 

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1. What does your attorney say?

2. H1B quota for this year is over and how will your wife move to H1B.

3. Yes.

4. Based on PERM pending for more than a year an employer can file for 1 year extension. However it is not your case. Employer can recapture time spent outside US in you situation. That does not help your situation.

5. No.

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Unfortunately your employer started your GC process rather late. I dont see much options here, except to leave the US when your H1B expires. Im not sure how can a Civil Engineer/Traffic Analyst work outside of the US.


Talk to Murthy Law firm..before you do anything.

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Your USC child gives you no special immigration privileges until he/she is 21 and can file for parent of USC.  (Please stop using this as a reason for preference; this is when the child becomes an "anchor baby". A USC can live anywhere in the world. The fact YOU want to remain in the US is not the child's responsibility.)

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