H1B1 Stamping Concern

danmagaji

danmagaji

Registered Users (C)
I have just received my H1B Approval Notice and would like to get my multiple entry stamp. I came on an F1 – OPT – and now H1B, never been out of status. Now when I was trying to get an H1, I had trouble getting a lawyer to do my case, because of wage issues (earning $35,000 annual). I am an MS Electrical Engineering (US) and even though I am not employed as an EE (Electrical Engineer), most lawyers were advising that I get paid as an EE (an uphill task with my company and the economy!!). Since I work under an EE and my duties are technically EE related, I found a lawyer (my hero!!) who helped me file my H1 under an Electrical Technician category to meet the salary requirement but with a suitable job title. For the LCA, it was filled with the Wage Source as “Other” (lawyer had his salary survey - OWL).
Now long story short…….would I face any problems when I go for H1 stamping…..i am obviously over-qualified for my job which requires a Bachelor’s in EE. Also any LCA issues – do they scrutinize that? I don’t doubt what the lawyer has done (well we did get INS approval!!)……….Am I getting too paranoid?
 
I doubt that there will be any issues. Although LCA , the I129 application will be scrutinized, with the US degree in hand, your qualification will not be suspect.
Apart from going for a visa stamp, do you have any other option?
 
thats great news. i dont believe i have any other option. This is my first H1 so i guess i cannot apply from within the US and instead have to go out. I wish there was an easier way.
Btw, a special thanks to you guys Jaxen and Jim Mills, this forum benefits a lot from your replies.
 
When i got my approval notice, it had an I-94 attached to it. Do i give this up at the border when i got to Toronto for my H1b multiple entry stamp? I changed from F1 ( OPT) to H1 status this Jan 2003, and i also have my previous I-94.
Thanks
 
Is not an issue whether you do or not (since this is travel to canada). But some airlines insist that you hand over I94.
If you get the visa stamp and you are driving back, then this I94 will be sufficient to continue your H1 status, no need to get a new I94.
 
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