H4 - h1

M

memphiz

New Member
My spouse came here on H4 8 months back (in mid Feb '09). I recently spoke to a consultant who was willing to sponsor my spouse for H1.

Since I wasnt sure of the consultant (and had heard a lot of stories from friends who had offered $2/3000 to some other consultants and never got the H1), I offered paying the expenses from my spouse's salary. (I am not sure if this is legal though since I previously read that the employer needs to pay for employee's H1 expenses).

Anyways, now the consultant is saying that they have 'filed for the LCA (in the last week of Sep'09) and are awaiting for the H1 petition to go through'.
I am trying to understand what that means and would appreciate any help from you all. Thank you and appreciate your time.
Regards,
M
 
Last edited by a moderator:
Following up...

The consultant mentioned the LCA has been filed and the next step is to file the H1 petition. I was wondering if anyone had any suggestions/wisdom to share on if and how the petition could be filed (post 1st October) and how long would / should it take before we hear from USCIS (for questions, if any).
Also, are there any reference numbers / other things we should look out for that the LCA comes with, so we can trace the 'application' online?

Thank you for your time and help.
Regards,
M
 
memphiz said:
The consultant mentioned the LCA has been filed and the next step is to file the H1 petition. I was wondering if anyone had any suggestions/wisdom to share on if and how the petition could be filed (post 1st October) and how long would / should it take before we hear from USCIS (for questions, if any).
Also, are there any reference numbers / other things we should look out for that the LCA comes with, so we can trace the 'application' online?
-----------------------You cant track LCA. even if you track it has no meaning for you. Once you get H1 filing reciept then you can track.
Thank you for your time and help.
Regards,
M
Click to expand...
When US employer need to file H1 petition they first get LCA and then attach the LCA with H1 petition that is to be filed with USCIS. FYI at this time consulting companies are getting RFE for many documents and H1 are being rejected by USCIS. Even if H1 gets approved then consulting companies don’t have job and don’t pay and one goes out of status. If the employer really has job then why they ask that you should pay?? US employer need to pay the fee to USCIS.
 
Why are you having anything to do with your wifes job search and employment negotiations? It is HER responsibility - not yours.
 
Concerned4us said:
Why are you having anything to do with your wifes job search and employment negotiations? It is HER responsibility - not yours.
Click to expand...

Why, is that illegal?
I am here for suggestions and help and would appreciate your relevant inputs. Thank You for your time.
 
Do not pay the H1 expenses to the consulting company. If you pay, then they have nothing to loose. If your wife gets a project, they will start taking their share of the billing rate, if not, then you spent the H1 fee and you loose that.

If consultant have a job, let them spend the money on H1. As others have mentioned earlier, it is not easy now a days for consulting companies to get H1 approval. That H1 may never be approved. So do not waste your money, unless you are willing to take that much risk.
 
Thanks for your reply Eric,
That's what I thought and hence dint pay the consultant. I am now waiting to hear back from them, and keeping my fingers crossed. Its been almost 2 months since the consultant filed and I was wondering if this was the normal time-line given the RFE's from USCIS ?

Take care and have a great evening.
Thanks again for your time. Really appreciate it.
Regards,
M
 
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