What is the Basis for Visa Classification in LCA for COS from F1 to H1B?

USA H1B Visa
1

Hi,

I’m working on my OPT that will expire on February 20th 2014. My employer will sponsor me for an H1B for FY2014 to start working on H1B by October 1st, 2013.

Since I’m doing a change of status (COS), it’s clear to me that we have to check “New Employment” and "Change of Status " in form I-129, Part 2.

But what about the Basis for Visa Classification in form ETA-9035 (LCA)? I’m already working for the same employer and the job title, responsibilities and wage will be the same.

Do we have to check “New Employment” (to be consistent with I-129), or “Continuation of previously approved employment without change with the same employer”? The second option describes better my situation, but I’m afraid that USCIS will deny my H1B if the basis for classification in I-129 is not consistent with approved LCA.

I’m sure there’s a lot of people in the same situation. Please advice.

Thanks,

2

When you are working on OPT, there is no LCA involved and so employer can pay you any salary. With LCA, they have to make sure that they are paying you at least the minimum wages for that position/role/location.

So it is a new employment even from LCA perspective as you didn’t have any LCA in the past.

BTW, your employer/attorney should be completing these documents.

3

I see, so as long as I haven’t filed any LCA for H1B in the past it is always a new employment…makes sense.

Thanks for your quick response.

4

Did your employer send already or did the interviews for American citizen applicants for the same job titles you have ?