First time H1-B stamping ... please help

B

babu_weda

Registered Users (C)
Hello Everybody,

I have a question regarding H1-B stamping for the first time.

I got my H1-B beginning this year from company A and then I changed the company to B. My LCA from company A was less than LCA for company B and also the Consulate requires the following documents :

(I came to US in 2001 and was on F1 till Jan 2004)

1) I-797 -- the original notice of approval,
2) The complete I-129 petition submitted by your prospective employer including the Labor Condition Application
3) Pay slips from current or most recent place of employment

Now, 1) which I-797, I-129 and LCA do I need to submit to the consulate; Do I need to submit both or just the latest comapnys documents ?

and 2) Will there be any problem if the LCAs are approved for different pay scales (company B being higher) ?

3) I have been working for company A on my EAD on F1 Visa and I have my Tax documents (1040) for last year (2003). Do I need to submit my 1040 for earlier years (2003, 2002 etc. ) also ? even if my H1-B started from this year ?

4) And also how do I book an online appointment ? (Do I need to mail in some application or documents before I could get an online appointment) ?

Please do let me know,

Thank you very much,

- Weda
 
1. Your primary documents you submit will all be Company B's documents. However, when you prepare paperwork to show your legal presence for your entire stay in US (ie, I-20 etc, OPT card etc) you'll use company A's paperwork to show that when you were employed with them, you had a valid H1.


2. No - as long as its no less than 95% of "prevailing wage", there's no issue

3. Yes - submit for the number of years requested irrespective of your status. F1, EAD, H1 etc - tax returns are tax returns. (It used to be 3 years of tax returns, not sure how many they are requesting now)

4. No - just put your passport details and you can book online, last I saw.
 
Hi talkative,

First of all thank you very much for your reply; its of great help.

My "Prevailing wage" on LCA from company A is $55,000 and the same from company B is $69,118; clearly, this does not fit into the 95% range ...

how does this factor in ?

Please do let me know,
- Weda
 
babu_weda said:
Hi talkative,

First of all thank you very much for your reply; its of great help.

My "Prevailing wage" on LCA from company A is $55,000 and the same from company B is $69,118; clearly, this does not fit into the 95% range ...

how does this factor in ?

Please do let me know,
- Weda
Click to expand...
No -- I think you misunderstood.

Your wage should be no less than 95% of the prevailing wage mentioned in the LCA.

Don't compare numbers across 2 diff LCA applications - just look at Company A and B separately.

Makes sense ??
 
hi max2k1,

Yes, now I understand. Thank you very much for your reply and clarifying my doubts.

Thank you very much talkative and max2k1. You have been of a great help !,
- Weda.
 
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