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Knaha

H1B to Green card Sponsoring process

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Hello everyone,  i'm currently working with a company  since  November 2012, (5th year in November 2017), as you may all know  H1B will end in the  6th year 2018. company agreed to sponsor my green card around 18 months ago and then the bad new came about  few weeks ago, they came back to me announcing that they are not pursuing this process, they did not give a clear reason, but i understood that the Salary that department of labor or UICS is required for my new position is to High for them(90K) while i'm Around 60K . I don't have access to their lower any other information. Does Anyone have similar experience to share? do you know how the Govermnet come with this kind of salary, because i feel it's to high for the Job i'll be doing! any advises ?thanks you all

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Filed: Country: India
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21 minutes ago, Knaha said:

Hello everyone,  i'm currently working with a company  since  November 2012, (5th year in November 2017), as you may all know  H1B will end in the  6th year 2018. company agreed to sponsor my green card around 18 months ago and then the bad new came about  few weeks ago, they came back to me announcing that they are not pursuing this process, they did not give a clear reason, but i understood that the Salary that department of labor or UICS is required for my new position is to High for them(90K) while i'm Around 60K . I don't have access to their lower any other information. Does Anyone have similar experience to share? do you know how the Govermnet come with this kind of salary, because i feel it's to high for the Job i'll be doing! any advises ?thanks you all

your employer needs to match minimum salary for the area you are working in. If they cant match it your labour wont be approved. if your employer cant match that then try to fi d a new job and ask them to file your green card. There is not much you can do abou it. Wages are determined by government for each cou ty in US

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Filed: K-1 Visa Country: Wales
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Pay rise, problem solved.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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14 minutes ago, Boiler said:

Pay rise, problem solved.

 

 

60 to 90 is a big hike. But hey, if you never try you will never get it.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: K-1 Visa Country: Wales
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5 minutes ago, NuestraUnion said:

 

 

 

60 to 90 is a big hike. But hey, if you never try you will never get it.

With US Government backing however.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You should try to get a new job. Bigger companies typically sponsor green cards. Start a.s.a.p.

 

This is one of the problems with H1B. They should be paying the 90K regardless, but they get someone with an H1B, pay you them than they should, and discard them when their H1B is all used up.

 

Also, take into account that depending on your level of education and country of origin, the green card can take 5 years or more because there are quotas (unless you have a PhD or something like that).

Edited by Coco8
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You can look for another job. You have to hurry though. According to DOL, the average processing time for PERM is 72 days and if I read this right, they're processing May2017 applications as of 7/31/17.

 

https://icert.doleta.gov/#fragment-2

 

If you will look for a new job, you also have to consider time to do prevailing wage, job advertisement, PERM, and I-140 approval within a 15-month span before your 6yr H-1B expires. Do you have to apply for another H1B for the new company anyway? 18 months ago, when your company agreed to sponsor you for the GC, did they start the process asap? 18 months seems like a long time for this stage of your GC application.

 

Can you qualify for an EB2-NIW self petition? You might want to consult with an immigration lawyer to check your odds for this category and to discuss all possible options.

 

Good Luck!

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  • 7 months later...

I think I have the same case as yours, DOL came up with wage 22k short and my company can't pay me that much in any way. Also My company started the process about two years ago and we are still in the PREM stage . 

I have about 11 months before my H1B expired, does anybody have any an advice ? 

should I try to get my H1B expanded?get new job ? will getting a new job make the application more complicated ? 

please help, its brutal , I havnt seen my family for 6 years becouse i had to jump between visa to another, starting from F1. 

 

 

will appropriate any help.

 

Thanks

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Filed: K-1 Visa Country: Wales
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I thought you had to be a year out before you could apply again for a new H1b?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Better to return home to see the family during that year

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Filed: K-1 Visa Country: Wales
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12 minutes ago, WeGuyGal said:

Better to return home to see the family during that year

Win win

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 hours ago, Billendure said:

its brutal , I havnt seen my family for 6 years becouse i had to jump between visa to another, starting from F1. 

I understand it’s tough not seeing your family but it is worth pointing out that you chose to do this rather than going back home, you didn’t “have” to.

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Filed: Citizen (apr) Country: Ecuador
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Year-old thread is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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