Wife's H1 - Wage Concerns & OPT

M

msuryadarma

Registered Users (C)
Hi,

Wife is going to apply for H1 through employer. She is currently on OPT.

Her salary now is below the prevailing wage, but it is only temporary until the person that she is replacing leaves (retiring) in May and also while she is learing to do her work.

After that she will get a raise (quite significant) that makes her salary well above the prevailing wage. This is already communicated by her boss, so it's guaranteed.

The question is, how should we proceed with her H1 petition?
Can we put the future salary in the LCA? Lawyer is asking for paystubs, and the only ones she has is the ones with lower salary (obviously). Will this matter?

Are the paystubs even relevant to her H1 petition?

2nd question is, her OPT expires on July 2004. Since H1 won't be effective until Oct 1, does she need to change to H4 in the meantime? Or can she hang in F1 and just start working in October?

If she has to change to H4 between July - September, will she automatically change to H1 comes October 1? Or does she need another "change of status"?

Any help or information is greatly appreciated. Thanks! :)
 
She should file for a F1/OPT to h4 and then a H4 to H1 . She cannot draw salary till H1 is approved.

For the LCA, use the future salary, Describe current job as intern or something like that so that you dont have to worry about paystubs and its effect.
 
Jaxen, thanks for the reply.

1. She has OPT until July. Can she file for F1-H4 change NOW with effective date of July? Only because she would really like to work as long as possible.

2. If the above case is possible, then she has to file H4-H1 after July, for October effective date. Is there a chance the quota will run out by then? And I assume this means she has to file Premium because July - October is only 3 months and regular H1 takes longer than that, correct?

Thanks again! :)
 
One more thing, I just checked out the Vermont Service Center processing date status as of April 8:

I-539 - to change from F1 to H4 - processing November 2003
I-129 - to change to H1 - processing March 2004.

This is messed up.

If my wife files for F1-H4 now, and file H1 next month, the H1 will be probably get approved before the F1-H4. Am I right? Isn't it just going to mess everything up?

Isn't it better for her to just file for H1 and wait for USCIS to release information regarding what she should do between F1 (OPT) expiration and H1 start date?

This is too weird.
 
1. Yes for Fto H4
2. Nobody can tell when the cap will be reached.

Only risk in going for F to H visa now is that USCIS might consider July to October 1 period as illegal status. Might grant Hvisa without I94 in which case she has to leave USA and get a I94 (if within 30 days ) at a POE or get the H1 stamp in a US consulate before continuing to work.
 
How about this?

Our lawyer suggests this
- File for F1-H4 right now with requested start date of July 1. This petition will not be processed in 4-5 months.
- After we got the H4 receipt in a couple of weeks, use that to file H1 Premium with start date of October 1.
- Definitely will get RFE because of this "mess", but then lawyer can send explanation to USCIS.

This way she won't have to get out of US to change her status at all and also never out of status. The only catch is she won't be able to work from July 1 to October 1 (this is never an option anyway).

Is this sensible?

Thanks!
 
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