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h1b
- Thread starter RK1971
- Start date
My H1B (1st 3 years) expires on Oct 18’ 2004.
1) When do I need to file my 2nd year extension?
---- Your employer lawyer can file H1 extension 6 months advance of I-94 or H1 expiry date or before I-94 expiry, I would request employer to file H1 extension in May/june
2) What I need to do if I switch my employer at this point?
--- File for H1 transfer through new employer with RECENT PAY STUBS and they day you receive the H1transfer filling receipt then join the new employer9no need to inform past employer when you file H1 transfer once you get the H1 transfer receipt then leave and join the new employer
1) When do I need to file my 2nd year extension?
---- Your employer lawyer can file H1 extension 6 months advance of I-94 or H1 expiry date or before I-94 expiry, I would request employer to file H1 extension in May/june
2) What I need to do if I switch my employer at this point?
--- File for H1 transfer through new employer with RECENT PAY STUBS and they day you receive the H1transfer filling receipt then join the new employer9no need to inform past employer when you file H1 transfer once you get the H1 transfer receipt then leave and join the new employer
Do I need pay stubs for filing with the new employer because my old employer doesn't pay the exact prevailing wages.
------ You need the recent pay stubs to get H1 transfer to be filed, if employer is paying less wages than LCA he is creating problems for him, don’t worry you file with recent pay stubs and don’t inform about the H1 transfer once H1 transfer is filed and you get H1 transfer approved with new company (after 4-6 months) then file complaint against the previous employer if he paid less wages than LCA and you don’t have to do any thing just fill up the form for complaint and DOL will recover your wages. How to file complaint read:
Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care
http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S.
So the pay stub has the actual pay which is less than the prevailing wages.
----- it may not matter as it is not your fault and they are not going to look at previous LCA that was filed by your employer with H1b
------ You need the recent pay stubs to get H1 transfer to be filed, if employer is paying less wages than LCA he is creating problems for him, don’t worry you file with recent pay stubs and don’t inform about the H1 transfer once H1 transfer is filed and you get H1 transfer approved with new company (after 4-6 months) then file complaint against the previous employer if he paid less wages than LCA and you don’t have to do any thing just fill up the form for complaint and DOL will recover your wages. How to file complaint read:
Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care
http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S.
So the pay stub has the actual pay which is less than the prevailing wages.
----- it may not matter as it is not your fault and they are not going to look at previous LCA that was filed by your employer with H1b
Originally posted by RK1971
Can somebody post what is the current prevailing wage is for H1, I would appreciate it.
----- it depends on your H1B work location
Thanks.
Originally posted by RK1971
I am in Southern California (Los Angeles County) as System Analyst
---- your company lawyer who is going to file LCA for you will let you know the wages for particular location or find on DOL site i dont have the link