H1B renewal 2 months left - DOL send higer wage determination

Hi all,

Hope I will get some advice from you all.

I am working on H1B in an unviersity. So there is no cap.

My current H1B expires in 2 months (30 April 2015). This is going to be my third year on H1B. The renewal process started in my institute Dec 2014. They filed at Dept. of Labor (DOL) Jan first week. Now by the end of Feb they have got wage determination higher than the presercibed salary (the salary quoted was same as it was in my last 2 year). The work description is the same as well.

The salary recommended was almost 50 % higher than what I was getting currently. They are going to appeal now. My questions are:

  1. How long the appeal proces will take at DOL to redetermine wage? (I read online that appeals on iCert Portal takes about 15 days and further appealing if this negative can take 30-60 days and later even 1 year).

  2. If I ask my employer to give this higher salry for a short time while I process my GC. This infact needs atleast 3-4 months from now (probably leave me with the higher salary for 2-3 months). If employer is OK for this can we go ahead with my H1B process at USCIS. This is of course after waiting for a month to see what is the status of inital wage redetermination appeal at DOL.

  3. If they are ok with filing at USCIS with the proposed higher salary can they go ahead after one month (say April first week) since my current H1B ends at April 30, 2015.

  4. If use these four months March-May to prepare for my GC application with a lawyer while I have a valid H1B how long it takes to get the application accepted and to get work authorization?

Sorry for a long post. I am looking eagerly to see what are the options ahead of me.

Thanks

Nellai

Hi Nellai,

Am I right in assuming that you are an advanced degree professional and that your salary is funded through a grant to your appointing authority? If so, DOL stipulations do not apply, cannot be enforced and their decision can be reversed through appeal. This is because budget for salaries are decided in advance by funding agencies and only marginal adjustments are possible for inflation (definitely not 50%) per year. What category is your green card petition based on?

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu; sshankarATchu.edu