PDA

View Full Version : Urgent Help Needed-LCA ammendment


rag_visa
10-30-2012, 09:31 PM
All,
Thanks in advance for reading my post.
Here is my situation, and I request you to please help me with advice. Itís very urgent.

I have a Ph.D. in Applied Physics and I am working for a small semiconductor company. I just learnt that there will be some budget cuts in my project and my supervisor suggested
that I start looking for new positions and he said that he will switch me from full time to
hourly with a pay cut from Nov 1, 2012 until I find a new position. The new salary would
be lower than prevailing wage of H1B LCA.

Here are my questions.

1. Does my employer need to file a H1B amendment because of salary reduction?
2. If so, when should the amendment be filed? Before the start of new pay rate or
any time ASAP. New pay is effective from Nov 1st.
3. If an amendment is filed, does it risk my current H1 B?
4. What if amendment is not filed?
5. Is the pay tied to the job or the qualifications+ experience?
6. Can an IT consulting company file a H1B for me and find a job in my current
field?
7. I have some publications and have most of the documentation ready for EB2
NIW, and I can possibly use most of the documentation for EB1-A, however as
per one immigration lawyer, my chances of approval for EB1-A are extremely
slim, but per her I can apply in EB1-A which can buy me some time?. So do you
know if this can be done?
8. If point 7 can be done, and if I can buy some time, can I work using that pending
status?
9. What happens to my current status (H1)?
10. If point 7 can be done, then can I also keep applying for companies and can
somebody file for an H1B during that time?
11. What are my options to remain in status?

I have a Ph.D in Physics and have close to 4.5 yrs of experience (2.7 on OPT
and rest on H1B ) in semiconductor, MEMS and nano technologies. If anybody
is aware of any openings or companies which are recruiting, please let me know.
This will be a huge favor.

Any help will be highly appreciated.

Thanks,
R

vban2007
11-02-2012, 03:22 PM
You will be out of status, first thing you need to find is H1B sponsor. Pls consult a good lawyer. Good Luck.

Fairnessforall
11-02-2012, 04:27 PM
Sorry to hear that.
You need to consult lawyer regarding H1b prevailing wage issue.
If you take up an academic position post-doc/research scientist which I know may not be the best career choice, finding h1B sponsorship and subsequent EB2 NIW/EB1OR may be easier.