Can I renew H-1 with BS after filing RIR?

[David Schwimmer]

I guess a lot of people who filed RIR would ask the same question sooner or later.

I got my first h-1 requiring BS degree because the salary was lower than the prevailing wage for an MS. Then I filed RIR. Now I need to renew my H-1, still requiring BS in the job description because of my salary. However, filing RIR suggests that my employer is getting one position ready for me requiring an MS degree. It may look absurd for CIS official that my new H-1 would still require only BS degree. Even worse, my attorney told me that he had met someone whose I-140 had been turned down just for the exact reason.

I really wonder if it is a rare case or a highly possible one. Can anyone with experience share your idea or story? Do I have to ask my boss for a raise and renew my H-1 with MS requirement?

Please, please. Thank you.

 

[talkative]

They could file the LC application for you for a position that you are not currently working for. This is called a GC based on a "future job employment"

So as long as your company doesn't claim that the LC is for the same position you are working for currently, you may be OK. A somewhat different job title than your present one may help emphasize that GC is for a future job offer.

Remember though, during the GC process based on future employment, they will likely require the company to establish their ability to pay the higher salary, from the date the LC was applied. If you work for a small loss making company, this may be a hurdle.

~T