H-1B extension for level I wage has been denied by USCIS?

USA H1B Visa
1

Hi,

Is that true that lately H-1B extension for level I wage has been denied by USCIS? My attorney advised my employer to go for level II wage to improve chances for extension of H-1B visa, but I doubt that my employer will agree on that. Will I get denied and will have to go back? I am too nervous!!

Thanks in advance.

Sachin

2

Hi Sachin,

Your lawyer is simply going by a guidance visa bulletin. This is not correct and better judgment needs to be used. An applicant needs to be paid correct, prevalent US person equivalent wages. Now this could be $10 per hour or $100 per hour, it simply doesn’t matter. You are here because you are fulfilling a key job functionality, and not because you are cheaper. Certain job groups can’t be overpaid just because a visa bulletin says so; there are industry standards that apply to job compensation structures. Tell your employer to provide the lawyer with justification on why you are being paid what you are paid and end this argument. I seriously question the competence of your lawyer who would even suggest such a step. Ask him to use Harvard or Yale law search studies and precedence judgments / filings instead of using CNN or FoxNews for guidance.

Best wishes

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