Question details
1. I have joined a company based on H1b transfer receipt and have got RFE of LCA wage level 1. If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial? <br>
2. Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under RFE received/response status?
Watch the Video on this FAQ: Denial of H-1B on Level 1 wage issue
Video Transcript
1. Now if somebody's H-1 gets denied for level 1 job the same employer can file for level 2. But there should be a good reason or explanation if the government asks questions like: why are we going to level 2, why did we not go with level 2 the first time around.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Hi, My wife and myself received our I-485 approvals the last saturday. Rajiv, Fidelina and their team did great job in getting my GC. I didn't have lot of time on my H1 when I started my GC (right around 2years), but I got my GC within 1year 8 months. Here are my details: EB2 India, PD is Sept 98, LC done in 7 months through RIR, Got I140 in 3 weeks. I485 RD is Aug 99. Got EAD/AP within 2 months. FP done in Oct 99. 485 approved May 23, 2000. The best thing I did is hiring the Rajiv and the gang instead of going through the company lawyer. I saw my friends in my company having lots of troubles with the company attorney, who doesn't have current knowledge of ever changing immigration laws. Great job guys! Thanks Puri