Urgent, H1b Extension, confused prevailing wage

[sts_seeker]

Hi All,
I need to extend my h1b for 7th yr based on pending LC for more than a year. I am confused about the prevailing wage. The prevailing wage in this state for software engineer, application is as below.

Level1: aaa K
level2: aaa+8 K
level3: aaa+20 K

I am in the same company for last 5.5 yrs. My salary is 4K higher than level1.So when i file the extesion
i) Would it be ok to file as level1 using my current salary or USCIS will ask question saying that i can't be level1 since I had 5.5 yr of experience and my prevailing wage and title should be level2?Suggestion will be highly appreciated
ii) Can I recapture my 7month stay out of country while extending?
Thanks

 

[great guru]

Hi All,
I need to extend my h1b for 7th yr based on pending LC for more than a year. I am confused about the prevailing wage. The prevailing wage in this state for software engineer, application is as below.

Level1: aaa K
level2: aaa+8 K
level3: aaa+20 K

I am in the same company for last 5.5 yrs. My salary is 4K higher than level1.So when i file the extesion
i) Would it be ok to file as level1 using my current salary or USCIS will ask question saying that i can't be level1 since I had 5.5 yr of experience and my prevailing wage and title should be level2?Suggestion will be highly appreciated

You are confusing with LC and LCA wages. For H1 extn you need LCA, for temporary positions the wages may be some time higher or lower than permanent LC wages.
So you have to obtain the wage every time you renew your H1.
For H1 no such question arises. (L1 or L2)ii) Can I recapture my 7month stay out of country while extending? YES.Thanks

 

[sts_seeker]

Where do I get prevailing wage info for h1ext 7th year

Thanks For you advise. I am still not clear about what do you mean by LC and LCA wages ? I wanted to extend h1 so I got the prevailing wage info from for the state and county from the link below.
http://www.flcdatacenter.com/OesWizardStart.aspx
It has salary divided into tiers such as (level1, level2, level3 etc) for same job title. Would you guide me where to obtain the wage for H1b Extension for 7th year?
Also in order to recapture the dates I was out of Country, I can add 7 month while putting ending date on form I129?
Thanks again