Complication in filing New H-1B Visa. Urgent help Requested

N

nia_1123

New Member
Request someone senior or experienced in this forum to advise me on my situation. The H-1B quota is filling up soon and I am stuck with an issue regarding my new application. Here's my case for your review -
I'm currently in H4 Visa and have been volunteering as a QA tester in a U.S based Company since the past 6 months. I do not have any prior experience in this field as i have my degree in commerce and have been working in the financial services sector in India. Now, the company who I'm volunteering with likes my work and wants to hire me and file my H-1B. However the lawyer they consulted asked them to change my title from QA Analyst to Data analyst based on my past experience and education. However now the issue is that my new role required a higher wage as per the H1-B regulations than what the company is offering me. Want an advice on what options i have for filing my H-1b this year if any? Thank you for your help on this.
 
nia_1123 said:
Request someone senior or experienced in this forum to advise me on my situation. The H-1B quota is filling up soon and I am stuck with an issue regarding my new application. Here's my case for your review -
I'm currently in H4 Visa and have been volunteering as a QA tester in a U.S based Company since the past 6 months. I do not have any prior experience in this field as i have my degree in commerce and have been working in the financial services sector in India. Now, the company who I'm volunteering with likes my work and wants to hire me and file my H-1B. However the lawyer they consulted asked them to change my title from QA Analyst to Data analyst based on my past experience and education. However now the issue is that my new role required a higher wage as per the H1-B regulations than what the company is offering me. Want an advice on what options i have for filing my H-1b this year if any? Thank you for your help on this.
Click to expand...

You have been working illegally!!! Your employer has permitted you to do so. Find a legitimate employer.
 
nia_1123 said:
How is it illegal?
------------Many US worker can do that job and get Paid.
this is not a paid position that i'm working for and was a specifically volunteer position.
---------------you worked on H4 and that was illegal as employer could have found US person to do that job.
Click to expand...
------------------
 
nia_1123 said:
How is it illegal? this is not a paid position that i'm working for and was a specifically volunteer position.
Click to expand...

There is no such thing as a "volunteer" job in a for profit corporation. There may be internships under specific formal educational programs but not for some guest worker's dependent off the street that is using this illegal work to try to get a H-1B job offer.

It is not a "volunteer" position as that is done for a community service or governmental group where everyone else in that position is also a volunteer.

If you do not believe that you have been working illegally, go tell the USCIS what you have been doing and find out what the consequences are. Deportation and ban are possibilities. Since you are on H4, your spouse should have known better and advised you not to work illegally.

STOP WORKING ILLEGALLY AND FIND A LEGITIMATE EMPLOYER. If you do not want to quit working, go back to your home country where the US government (and guest workers who do everything required to work legally!) does not care where or how you work!
 
This is illegal because this is a for-profit company and you would get paid for your services had you been allowed by law (are you being paid for your services, by the way?)
The fact that you're working without getting (officially...) paid doesn't make it a "volunteer position".

I guess other QA analysts who are allowed to legally work do get paid in that company, and the fact that they want to offer you a job in the exact same capacity proves it. Try to put it on your resume, if you're so sure, when you submit your application, but don't be surprised if it gets denied, and the ICE people come to your home to deport you.
 
First of all the attorney is right in his views by proceeding with your H-1B process as 'Data analyst' based on your past experience and education. He will go for ur academic evaluation too. Your exp. gained while in H-4 is not counted. Never add that, else it may jeopardize your case. Your employer has to go with the new prevailing wage which can be easily convinced to them by your attorney. I hope your employer has to go for this as they are going for a long-term relationship. Go for it as it is already 58, 600 (H1 cap #). H1B cap may be exhausted soon considering the current pace.
 
You must log in or register to reply here.
Top