In Need of some advice regarding my status...

[volcano888 0]

Hi there,

I'm currently living in Dallas, TX with an F-1 Visa. I graduated from school with a Master's Degree in Computer Science. I'm currently working as an intern in an advertising agency in the IT department through post-graduation OPT.

My EAD card (OPT) expires on 02/15/2011. I have talked to the people at the company where I work, and we discussed my options to remain with them.

They said they would not be able to enroll in E-Verify (which would have allowed me to extend my current Visa/OPT) because there were a lot of "negatives" for them in doing so.

So we discussed about the alternative, which is H1-B. They said they were willing to sponsor me, and said they talked with an attorney to help out with the process. Last week, they said they were starting working on all the paperwork and I even received an online questionnaire from the lawyer which asked about background info. All seemed fine at that point.

On Monday, The HR lady where I work told me that the were not going to be able to sponsor me after all, after discussing legal issues with the lawyer.

She said the problem related to the salary they were going to offer me ($40,000/yr). Apparently, the lawyer said that that was not enough of a wage, because he compared that to the nation-wide average wage for someone with the same position (and educational background). The HR lady said that there was a considerable difference between what they were going to offer me (which is what one would expect to earn at an advertising agency, for an entry-level position) and that nation-wide average (which is high because of the type of industry that hires people with Computer Science educational background).

I was wondering if what she says about "not being able to sponsor me because of wage difference" sounds right?

If any body could provide some insight on that, and explain to me what are my options from here, I would really appreciate it!!

Thank you!

Edited December 22, 2010 by volcano888

[Aztec&Taino 144]

Hi there,

I'm currently living in Dallas, TX with an F-1 Visa. I graduated from school with a Master's Degree in Computer Science. I'm currently working as an intern in an advertising agency in the IT department through post-graduation OPT.

My EAD card (OPT) expires on 02/15/2011. I have talked to the people at the company where I work, and we discussed my options to remain with them.

They said they would not be able to enroll in E-Verify (which would have allowed me to extend my current Visa/OPT) because there were a lot of "negatives" for them in doing so.

So we discussed about the alternative, which is H1-B. They said they were willing to sponsor me, and said they talked with an attorney to help out with the process. Last week, they said they were starting working on all the paperwork and I even received an online questionnaire from the lawyer which asked about background info. All seemed fine at that point.

On Monday, The HR lady where I work told me that the were not going to be able to sponsor me after all, after discussing legal issues with the lawyer.

She said the problem related to the salary they were going to offer me ($40,000/yr). Apparently, the lawyer said that that was not enough of a wage, because he compared that to the nation-wide average wage for someone with the same position (and educational background). The HR lady said that there was a considerable difference between what they were going to offer me (which is what one would expect to earn at an advertising agency, for an entry-level position) and that nation-wide average (which is high because of the type of industry that hires people with Computer Science educational background).

I was wondering if what she says about "not being able to sponsor me because of wage difference" sounds right?

If any body could provide some insight on that, and explain to me what are my options from here, I would really appreciate it!!

Thank you!

My dad came to the US under a H1B visa. He was a computer programmer and was recruited by an American company in my country. For as much experience and knowledge as he had, he should have gotten paid more than the wage he received. As a result, I do not believe that story they told you since my dad got paid much less than the national average was for an experienced computer programmer.

Think about it, does it make sense that immigration dictates what a private company should pay their employee? More than likely, they found out the costs of the process (and of the lawyer) and decided to not hire you since they could get an American to fulfill this entry level position.

Also, companies that have not completed H1B petitions in the past, will be quite afraid and reluctant to do this visa process. Your options are: going back to your home country and stay there, or renew your student visa and go for a second masters or PhD (if you want to stay in the US). Too bad you did not find love in the US... Had you found love and married an American, the you would only need to do an Adjustment Of Status, but apparently love eluded you.

Best wishes!

[milimelo 4,511]

My dad came to the US under a H1B visa. He was a computer programmer and was recruited by an American company in my country. For as much experience and knowledge as he had, he should have gotten paid more than the wage he received. As a result, I do not believe that story they told you since my dad got paid much less than the national average was for an experienced computer programmer.

Think about it, does it make sense that immigration dictates what a private company should pay their employee? More than likely, they found out the costs of the process (and of the lawyer) and decided to not hire you since they could get an American to fulfill this entry level position.

Also, companies that have not completed H1B petitions in the past, will be quite afraid and reluctant to do this visa process. Your options are: going back to your home country and stay there, or renew your student visa and go for a second masters or PhD (if you want to stay in the US). Too bad you did not find love in the US... Had you found love and married an American, the you would only need to do an Adjustment Of Status, but apparently love eluded you.

Best wishes!

It does make sense - employer is petitioning the US government to approve their petition for foreign worker and they have to prove to the Gov't 1. why they can't find a USC or LPR who can do that very same job and why does it have to be that very foreign worker they want to employ and 2. that the foreign worker will not be exploited as a slave through low wages. The wage has to be commesurate to average salary in that field.

BTW, the firm has to pay all immigration processing fees (including premium processing, if chosen). They CAN NOT tack the price of the H1-B process onto the employee or deduct it from the salary - illegal.

There's plenty of appeals judgements on H1B on USCIS.gov web page - spend some time browsing through and you'll see why they were rejected.

I see a problem with the offered salary as I as an admin get paid more than that.

[rika60607 215]

For H1 visas the company has to advertise the position at reasonable pay and show that no American is capable or willing to do the job. May be that is where the "not enough pay" comes from.

May be your company is "cheap" and uses foreign student interns to fill positions, because they can't or don't want to pay the "appropriate" salary for the job. Or may be the lawyer does not understand what salary is appropriate for your position.

[Brother Hesekiel 2,236]

Pretty much all that has been stated before is correct.

If a US company wants a foreigner to work for them, it implies that a US citizen or LPR won't get that job. That hurts the US economy.

Therefore labor certification and a public offering of that position is required, where the employer has to proof that nobody among the currently 308,475,000+ people in the US of A can do what you can do, at a fair wage.

With approximately 34,000,000 Americans currently out of work, that's no easy task.

Understand that if the fair wage requirement wasn't in place, a company could get anybody in. You are a brain surgeon or nuclear physicist from Bulgaria or Pakistan? Great! We have a job for you; we pay you $9.50 an hour! You can imagine what kind of Pandora's box that would open. Company wants to help a foreigner who's a buddy of the boss. They look for a system analyst at minimum wage. Nobody? Oh, yes, this guy from the U.K. would take the job. Then, once everything is settled, a big raise will follow.

So there's the catch 22. Too small a wage, and they won't accept it. A fair wage, and hundreds of Americans would apply for that very job. Therefore, and especially in today's economy, an applicant has to be darn special in order to be successful. Once you find a way to really sort out those annoying spam e-mails and have it patented, you've got a shot.