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My employer is applying for H-1B petition for the first

Customer Question
My employer is applying...

My employer is applying for H-1B petition for the first time. I have graduated with Master's in civil engineering and have one year experience between my bachelor's and master's degrees. My wage supports "level 1". I heard there have been many cases for level 1 H-1B's. Is there any best way to provide evidence that my job and level 1 wage are well balanced along with being inherently specialized so that USCIS is satisfied without RFE?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet

Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa?

Yeah the lawyer is asking my employer to see if I could meet level 2 wage instead

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That would be all

Submitted: 3 months ago.Category: Immigration Law
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Answered in 11 hours by:
3/20/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,859
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

It is true that generally speaking USCIS automatically sends out an RFE when the wage level is 1.

That does not mean that the case is impossible to win.

The below link is written by one of the best H1B attorney's who has been very successful using the formula he outlines in his blog.

http://blog.cyrusmehta.com/2017/07/h-1b-entry-level-wage-blues.html

No doubt writing the support letter using Level 1 wage is much more work because of the analysis needed to be used in comparing job duties, other employee wage levels, etc. It is often easier for the employer and attorney to simply increase the wage. However, this can lead to other issues if your wage is increased and higher than that paid to other similarly educated and experienced employees performing the same job duties.

I would suggest you pass this blog onto your attorney and ask if he might be willing to use the suggestions presented by Mr. Mehta.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

May I answer anything further?

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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